Molineux Hearing and Ventimiglia Hearing

A Molineux application (People v. Molineux (168 NY 264)) concerns the admissibility of evidence of a prior crime to establish the defendant's motive, intent, absence of mistake or accident, common scheme or plan, or identity (People v. Molineux, supra defendant charged with murder by poison had caused the death of another person using the same poison), but these categories are not exclusive ( People v. Santarelli, 49 NY2d 241, rearg denied 49 NY2d 918). A Ventimiglia application (People v. Ventimiglia (52 NY2d 350)) concerns the admissibility of evidence of prior conduct, other than direct proof of a defendant's prior crime, which tends to implicate the defendant in the commission of the crime ( People v. Ventimiglia, supra defendants charged with murder admitted to a witness that they had a location for disposing of the body). The Court of Appeals has referred to a Ventimiglia hearing in cases where proof of prior crimes was admitted to show the charged crime was committed (e.g., People v. Spotford, 85 NY2d 593 (assault; four uncharged crimes involving assaults); also, People v. Rodriguez, 85 NY2d 586; People v. Alvino, 71 NY2d 233 ); to People v. Molineux (supra), but not the hearing, in a similar situation ( People v. Till, 87 NY2d 835 (attempted murder; uncharged robbery)); and to a Ventimiglia hearing where there was evidence of prior conduct not constituting direct evidence of a crime of the defendant ( People v. Maher, 89 NY2d 456 (murder; victim's statements concerning prior violent acts of the defendant toward her)). The Appellate Division also has labeled as a Ventimiglia hearing those in which a prior crime of the defendant was involved (e.g., People v. Gaston, 261 AD2d 782, lv denied 93 NY2d 1002 (attempted murder; prior drug trafficking); also, People v. Holmes, 260 AD2d 942, lv denied 93 NY2d 1020; People v. Glass, 259 AD2d 989, lv denied 93 NY2d 924; People v. Greene, 252 AD2d 746, lv denied 92 NY2d 925; People v. McClain, 250 AD2d 871, lv denied 92 NY2d 901); as a Molineux hearing in the same situation (e.g., People v. Vaughn, 209 AD2d 459, lv denied 84 NY2d 1040 (manslaughter; drug activity); also, People v. Burton, 186 AD2d 672, lv denied 81 NY2d 761; People v. Young, 178 AD2d 571, lv denied 79 NY2d 955; People v. Linton, 166 AD2d 670, lv denied 77 NY2d 879; People v. Miller, 239 AD2d 787, affd 91 NY2d 372 2 ); and to a Ventimiglia hearing where there was proof of a defendant's conduct, other than direct proof of his prior crime (e.g., People v. Morris, 267 AD2d 1032 (robbery; defendant's initial words were " 'I just got out of jail. I'm on parole' "); People v. Thibodeau, 267 AD2d 952; People v. Maxwell, 260 AD2d 653, lv denied 93 NY2d 1004).