People v Myers, 22 NY3d 1010 (2013)

2013 NY Slip Op 08292 [22 NY3d 1010]
December 12, 2013
Court of Appeals

[*1]

The People of the State of New York, Respondent,
v
Ariel Myers, Appellant.

Decided December 12, 2013

People v Myers, 105 AD3d 1250, reversed.

{**22 NY3d at 1010} OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and a new trial ordered.{**22 NY3d at 1011}

Under the facts of this case, the admission of evidence of an uncharged crime [*2]allegedly committed by defendant for the purpose of establishing defendant’s identity constituted an abuse of discretion (see People v Robinson, 68 NY2d 541, 549-550 [1986]; People v Molineux, 168 NY 264, 293 [1901]). Because the evidence of defendant’s guilt is not overwhelming, the error is not harmless.

Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott, Rivera and Abdus-Salaam concur.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed and a new trial ordered, in a memorandum.