Opinion
January 30, 2001.
Judgment, Supreme Court, Bronx County (Barbara Newman, J.), rendered March 21, 1997, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him to a term of 1 year, unanimously affirmed.
Adam L. Goldman for Respondent.
Walter Evans, Jr. for Defendant-Appellant.
Before: Sullivan, P.J., Andrias, Wallach, Saxe, Friedman, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The evidence, including the victim's multiple stab wounds and the testimony of the emergency room doctor, clearly established the element of physical injury (see, People v. Rojas, 61 N.Y.2d 726).
The court properly exercised its discretion in admitting limited evidence of prior assaults. This evidence was probative of defendant's motive and intent and provided background events explaining the relationship among defendant, his former girlfriend and her new boyfriend, including defendant's jealousy and anger (see, People v. Williams, 223 A.D.2d 491, lv denied 87 N.Y.2d 1026, cert denied 519 U.S. 952). The uncharged crimes evidence was also relevant to refute defendant's justification defense under the circumstances of the case (see, People v. Blunt, 162 A.D.2d 315, lv denied 76 N.Y.2d 938). The probative value of this evidence outweighed its prejudicial effect, which was minimized by the court`s limiting instructions.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.