New York Court of Appeals
The People of the State of New York v. Rene Resek
November 23, 20043 N.Y.3d 385
Summary
The Court of Appeals reversed the conviction and ordered a new trial because the trial court erred in admitting testimony that the defendant had been driving a stolen car, even though a grand jury had dismissed that charge; the limiting instruction was insufficient to cure the prejudice. The majority held that the prejudice outweighed any probative value. Justice Graffeo dissented, arguing that the trial court's discretion to admit the evidence was proper under People v. Tosca and People v. Till and would have affirmed the conviction.