In People v. Alston , Jonah Alston was charged with committing seven different robberies.
Witnesses to four of those robberies testified that a masked man approached them at gunpoint and placed their belongings in a black bag.
Prosecutors were also able to admit evidence that the same man with a black bag -- Alston unmasked -- was caught shoplifting two cans of Red Bull.
When he was convicted of first degree robbery in one case, Alston appealed to the Appellate Division, Second Department.
The AD2 thought Alston's use of the black bag had been properly considered because it showed a "unique modus operandi" and was relevant to identifying the perpetrator of the crimes.
Bet Alston would like to bag that!
To view a copy of the Appellate Division's decision, please use this link: People v. Alston