Opinion
09-26-2017
The PEOPLE of the State of New York, Respondent, v. Rafael RODRIGUEZ, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Jeffrey Dellheim of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Paul A. Andersen of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Jeffrey Dellheim of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Paul A. Andersen of counsel), for respondent.
Judgment, Supreme Court, Bronx County (Patricia Anne Williams, J.), rendered October 17, 2013, convicting defendant, after a nonjury trial, of attempted assault in the third degree, and sentencing him to a term of 75 days, unanimously affirmed.
The court properly exercised its discretion in admitting evidence of defendant's prior threatening acts against the victim. This evidence was relevant to the issues of motive and intent, and it provided background material relating to the acrimonious relationship between defendant and the victim and the events leading up to the incident in question (see People v. Leeson, 12 N.Y.3d 823, 827, 880 N.Y.S.2d 895, 908 N.E.2d 885 [2009] ; People v. Dorm, 12 N.Y.3d 16, 19, 874 N.Y.S.2d 866, 903 N.E.2d 263 [2009] ). Any prejudicial effect was outweighed by probative value. Moreover, the court at this nonjury trial is "presumed capable of disregarding the prejudicial aspect of the evidence" ( People v. Tong Khuu, 293 A.D.2d 424, 425, 740 N.Y.S.2d 860 [1st Dept.2002], lv. denied 98 N.Y.2d 714, 749 N.Y.S.2d 11, 778 N.E.2d 562 [2002] ).
FRIEDMAN, J.P., RICHTER, MOSKOWITZ, GESMER, JJ., concur.