{"id":46959,"date":"2021-01-22T10:10:10","date_gmt":"2021-01-22T15:10:10","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=46959"},"modified":"2021-01-22T10:10:10","modified_gmt":"2021-01-22T15:10:10","slug":"ny1-a-prior-search-admissible-to-show-knowledge-and-lack-of-mistake-when-entrapment-is-raised","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=46959","title":{"rendered":"NY1: A prior search admissible to show knowledge and lack of mistake when entrapment is raised"},"content":{"rendered":"\n<p>Defendant was a police officer charged with engaging in drug transactions. The defense was entrapment. A prior search warrant for drugs at an aunt\u2019s apartment was admissible [404(b)] on the entrapment claim where she was present but not charged. <a href=\"http:\/\/nycourts.gov\/reporter\/3dseries\/2021\/2021_00375.htm\">People v. Stroud<\/a>, 2021 NY Slip Op 00375, 2021 N.Y. App. Div. LEXIS 368 (1st Dept. Jan. 21, 2021):<\/p>\n\n\n\n<!--more-->\n\n\n\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\"><p>The court providently exercised its discretion in admitting testimony about a prior incident in which defendant was present when the police executed a search warrant and recovered drugs at her aunt&#8217;s apartment. This evidence was highly probative to explain how defendant, a police officer, became the target of an undercover drug operation, and to prevent unfair speculation by the jury in that regard (see People v Morris, 21 NY3d 588 [2013]). The probative value of the evidence outweighed any prejudicial effect.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was a police officer charged with engaging in drug transactions. The defense was entrapment. A prior search warrant for drugs at an aunt\u2019s apartment was admissible [404(b)] on the entrapment claim where she was present but not charged. People &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=46959\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[124],"tags":[],"class_list":["post-46959","post","type-post","status-publish","format-standard","hentry","category-admissibility-of-evidence"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46959","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=46959"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46959\/revisions"}],"predecessor-version":[{"id":46960,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46959\/revisions\/46960"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=46959"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=46959"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=46959"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}