From Casetext: Smarter Legal Research

People v. Lee

Appellate Division of the Supreme Court of New York, Second Department
Jun 11, 2001
284 A.D.2d 412 (N.Y. App. Div. 2001)

Summary

holding that evidence of the defendant's prior assault on the victim was properly admitted at his murder trial, because “evidence that he previously assaulted the victim was admissible to establish his motive and intent”

Summary of this case from Baker v. Kirkpatrick

Opinion

Submitted May 14, 2001

June 11, 2001

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Greenberg, J.), rendered January 5, 1998, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Daniel L. Greenberg, New York, N.Y. (Jeffrey I. Richman of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Cynthia Kean of counsel), for respondent.

Before: DAVID S. RITTER, J.P., SONDRA MILLER, WILLIAM D. FRIEDMANN, STEPHEN G. CRANE, JJ.


ORDERED that the judgment is affirmed.

The Supreme Court properly permitted the People to introduce evidence relating to the defendant's prior assault against the victim. It is well settled that "where the evidence of prior, uncharged criminal conduct has a bearing upon a material aspect of the People's case other than the accused's general propensity toward criminality * * * the probative value of the evidence justifies its admission, notwithstanding the potential for incidental prejudice" (People v. Santarelli, 49 N.Y.2d 241, 247; see also, People v. Alvino, 71 N.Y.2d 233). Despite the defendant's contention, evidence that he previously assaulted the victim was admissible to establish his motive and intent (see, People v. Molineux, 168 N.Y. 264; People v. Hamid, 209 A.D.2d 716; People v. Montana, 192 A.D.2d 623; People v. Vita, 184 A.D.2d 742; People v. Carver, 183 A.D.2d 907).

The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are unpreserved for appellate review or without merit.


Summaries of

People v. Lee

Appellate Division of the Supreme Court of New York, Second Department
Jun 11, 2001
284 A.D.2d 412 (N.Y. App. Div. 2001)

holding that evidence of the defendant's prior assault on the victim was properly admitted at his murder trial, because “evidence that he previously assaulted the victim was admissible to establish his motive and intent”

Summary of this case from Baker v. Kirkpatrick
Case details for

People v. Lee

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. SELESTER LEE, APPELLANT

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 11, 2001

Citations

284 A.D.2d 412 (N.Y. App. Div. 2001)
726 N.Y.S.2d 284

Citing Cases

Riley v. Cully

Id. at 293. Thus, New York law is "well settled that `where the evidence of prior, uncharged criminal conduct…

People v. Martinez

Contrary to the defendant's contention, the trial court properly allowed the People to elicit evidence that…