Is there a likelihood that a jury will be swayed by evidence of a defendant's general propensity to commit the same crimes against different defendants?
"New York", United States of America
The following excerpt is from People v. K.T., 62 Misc.3d 609, 89 N.Y.S.3d 544 (N.Y. Crim. Ct. 2018):
Based on the foregoing, "[n]ot withstanding instructions to the jury to consider evidence of each crime separately, there is a substantial likelihood that a jury will be swayed by evidence of defendant's general propensity to commit the offenses charged," People v. Vigueras , supra .
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