Opinion
December 12, 2000.
Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered December 22, 1998, convicting defendant, after a jury trial, of aggravated criminal contempt, and sentencing him to a term of 2 to 6 years, unanimously affirmed.
Mindy J. Levinson, for respondent.
John Schoeffel, for defendant-appellant.
Tom, J.P., Ellerin, Wallach, Rubin, Saxe, JJ.
Defendant was not deprived of a fair trial by limited background testimony concerning the ongoing acrimonious relationship between defendant and the complainant. Only a portion of this testimony constituted uncharged crimes evidence, and such evidence was admissible to complete the narrative and explain the conduct of the parties in light of their relationship (see, People v. Till, 87 N.Y.2d 835, 837; People v. Dugger, 236 A.D.2d 483, lv denied 89 N.Y.2d 1034; People v. Steinberg, 170 A.D.2d 50, 73, affd 79 N.Y.2d 673). The court prevented any undue prejudice by striking certain portions of this testimony, and it properly exercised its discretion in denying defendant's mistrial motion.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.