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MOLINEUX EVIDENCE OF A PRIOR BURGLARY OF THE ROBBERY-VICTIM’S HOME TO SHOW THE INTENT TO COMMIT ROBBERY AND GRAND LARCENY SHOULD NOT HAVE BEEN ADMITTED; THE INTENT TO COMMIT ROBBERY AND GRAND LARCENY WAS DEMONSTRATED BY THE VICTIM’S TESTIMONY RENDERING EVIDENCE OF THE PRIOR BURGLARY TOO PREJUDICIAL (FOURTH DEPT). ​

The Fourth Department, reversing defendant’s robbery and grand larceny convictions, determined Molineux evidence of a burglary of the robbery-victim’s home three days before the robbery should not have been admitted to show intent. The intent to rob was demonstrated by the victim’s testimony, rendering proof of the prior burglary more prejudicial than probative:

… [E]vidence that defendant may have been involved in an earlier burglary of the victim’s home was not necessary for the jury to infer that, three days later, defendant had the intent to rob the victim. Rather, defendant’s intent to forcibly steal property can be inferred from the victim’s testimony that defendant, while wielding a baseball bat, directed him to comply with the demands of an unidentified masked gunman to turn over money and property. Under those circumstances, any probative value of the evidence of the prior burglary “is outweighed by its potential for prejudice” … . For the same reason, defendant’s “intent to deprive another of property” … as required for a conviction of grand larceny in the fourth degree (§ 155.30 [1], [5]), or intent “to place another person in reasonable fear of physical injury, serious physical injury or death” as required for a conviction of menacing in the second degree (§ 120.14 [1]) could likewise be easily inferred from the victim’s testimony describing defendant’s conduct during the alleged crimes. People v Dejesus, 2022 NY Slip Op 03584, Fourth Dept 6-3-22

Practice Point: Evidence of defendant’s commission of an uncharged crime (Molineux evidence) to show defendant’s intent to commit the charged offenses will be deemed too prejudicial if the intent element of the charged offenses is demonstrated by the victim’s testimony.

 

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