New York Criminal Attorney Blog
In New York, the prosecution in a criminal case is generally unable to present evidence of a defendant’s prior crimes or bad acts. There are, however, exceptions to this rule, and courts can admit otherwise inadmissible evidence using one of the exceptions laid out in the rules of evidence. As a general rule, evidence of a prior bad act may never be used to demonstrate that a person has a propensity for committing crimes.
The Exceptions
The five exceptions to the rule that evidence of a defendant’s prior crime is inadmissible are when the evidence helps establish a defendant’s (1) intent or purpose, (2) motive, (3) knowledge, (4) plan, or (5) identity. These five categories can all end up being fairly broad, and each trial court might interpret the exceptions a bit differently. This can, in turn, be challenging for defendants who are trying to keep evidence of prior bad acts out of the record to keep the jury from being prejudiced against them.
In a recent case before the Appellate Division, Second Department, the defendant challenged the trial court’s use of exception #1, intent or purpose. During the defendant’s trial for criminal contempt in the first degree and aggravated harassment in the second degree, the prosecution sought to present evidence of testimony about an incident that let to a protective order against the defendant. Allegedly, the defendant had violated that protective order, which brought him to court on the criminal contempt and aggravated harassment charges.
The trial court determined that this evidence was admissible, even though it spoke to a previous crime that the defendant committed. This was because, said the court, it showed the defendant’s intent to commit the crimes he later committed. On appeal, the higher court agreed with this ruling, deciding that the testimony was “necessary to complete the narrative” that the prosecution presented during trial.
How Do You Avoid Getting Evidence of Prior Crimes Admitted?
It can be a slippery slope if the State is allowed to present evidence of a defendant’s prior crimes, and it can strongly sway the jury toward a guilty verdict during trial. To give yourself the best chance of presenting a strong defense, hire an aggressive New York criminal defense attorney that knows the rules of evidence and has experience using them in a trial court. With the right attorney by your side, you can do everything in your power to keep the jury from hearing evidence that would be prejudicial to your case.
Are You Looking for a New York Criminal Defense Attorney for Your Case?
At the criminal defense law firm of Tilem & Associates, we understand that when you are facing criminal charges, you want the best attorneys by your side. Our firm has been serving the state of New York for over two decades, and our clients trust us to fight for their rights and freedoms every step of the way. For a free and confidential consultation with a New York criminal defense attorney, give us a call today at 877-377-8666. You can also fill out our online form to tell us about your case and have a member of our team reach back out to you as soon as possible.