Opinion
2508.
Decided December 16, 2003.
Judgment, Supreme Court, New York County (John Stackhouse, J.), rendered November 7, 2001, convicting defendant, after a jury trial, of two counts of offering a false instrument for filing in the first degree, and sentencing him to concurrent terms of 5 years probation, with a $1,000 fine on each count and restitution to be determined separately, unanimously affirmed.
Amyjane Rettew, for Respondent.
Russell C. Morea, for Defendant-Appellant.
Before: Buckley, P.J., Nardelli, Mazzarelli, Sullivan, JJ.
The court properly exercised its discretion in its Molineux ( People v. Molineux, 168 N.Y. 264) rulings. All of the evidence at issue was relevant to defendant's motive and intent, as well as tending to dispel the notion that there was an innocent explanation for his conduct, and the potential for prejudice did not outweigh the probative value of this evidence ( see e.g. People v. Alvino, 71 N.Y.2d 233; People v. Marrin, 205 N.Y. 275; People v. Torres, 237 A.D.2d 650). Moreover, any prejudice was minimized by the court's appropriate limiting instructions.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The elements of falsity and fraudulent intent could be readily inferred from the evidence.
Even assuming arguendo that the court should have instructed the jury that certain witnesses were accomplices as a matter of law, rather than submitting the issue of accomplice status to the jury as a question of fact, there was ample corroborating evidence tending to connect defendant to the crime ( see People v. Besser, 96 N.Y.2d 136; People v. McAndris, 300 A.D.2d 1, lv denied 99 N.Y.2d 630), and any error in this regard would be harmless ( see People v. Adams, 185 A.D.2d 680, lv denied 80 N.Y.2d 926).
Defendant's remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.