Opinion
July 14, 1995
Appeal from the Monroe County Court, Bristol, J.
Present — Green, J.P., Pine, Callahan, Doer and Boehm, JJ.
Upon remittitur from the Court of Appeals, judgment unanimously affirmed. Memorandum: On appeal from his conviction of assault in the second degree, defendant contends that the trial court erred in ruling that the People, in rebuttal, could offer evidence of four uncharged bad acts. We disagree. Defendant's prior acts of violence against the victim were relevant to the issues of intent and absence of mistake or accident and on the defense of justification ( see, People v. Wright, 167 A.D.2d 959, 960, lv denied 77 N.Y.2d 845; People v. Plunkett, 158 A.D.2d 949, lv denied 75 N.Y.2d 969; People v. Sellers, 135 A.D.2d 590), and the probative value of that evidence outweighed its prejudicial effect ( see, People v. Hudy, 73 N.Y.2d 40, 55).