AD1 order dated November 7, 2013, affirming judgment of conviction. Decision below: 111 AD3d 413, 973 NYS2d 647. Lippman, Ch. J., granted leave June 12, 2014. Argued October 21, 2015.

ISSUE PRESENTED: Whether the trial court erroneously allowed evidence of an uncharged crime (destroying an inmate telephone) to rebut the defendant’s EED defense, where there was no evidence establishing the events which led up to the destruction of the inmate telephone. (Assigned counsel: Jan Hoth & Robert S. Dean, Center for Appellate Litigation, 120 Wall Street, 28th Floor, NYC 10005.)