A man accused of stealing a $30,000 diamond ring is entitled to a new trial because a judge allowed testimony from a woman who said that he stole rings from her as well under similar circumstances, a divided state appeals panel has ruled.
Appellate Division, First Department, Justice Rolando Acosta (See Profile) wrote for the 3-2 majority in People v. DeGerolamo, 6388/09, and was joined by Justices David Friedman (See Profile) and Leland DeGrasse (See Profile). They ruled that the defendant, Gerald DeGerolamo, was entitled to a new trial because the evidence of his alleged prior theft was inadmissible under the Court of Appeals’ landmark 1901 decision, People v. Molineux, 168 NY 264.
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