Opinion
May 28, 1998
Appeal from the Supreme Court, Bronx County (Phylis Skloot Bamberger, J.).
The court properly admitted defendants statements concerning his participation in a planned, but aborted robbery, involving the same accomplices, in temporal and spatial proximity to the instant crime, because these statements were relevant to defendants motive and intent ( see, People v. Rivera, 221 A.D.2d 213), provided background information to complete the narrative of events ( see, People v. Edmonds, 223 A.D.2d 455, 456, lv denied 88 N.Y.2d 984), and were inextricably interwoven with the charged crime ( see, People v. Ortiz, 238 A.D.2d 213, lv denied 90 N.Y.2d 862); The trial court properly determined that the probative value of such evidence outweighed its potential for prejudice.
Defendants failure to object to the trial courts responses to jury notes and its supplemental charges renders his current arguments unpreserved for review as a matter of law, and we decline to review them in the interest of justice. Were we to review these claims, we would find that, the court did not unfairly or excessively marshal the facts of the Peoples case, that the hypothetical examples were appropriate and that the supplemental charge, viewed in its entirety, conveyed the proper legal principles ( People v. Wise, 204 A.D.2d 133, 134-135, lv denied 83 N.Y.2d 973). We reject defendants argument that one of the jurys notes should be read as an acquittal of the robbery in the first degree count ( see, People v. McBride, 203 A.D.2d 86, lv denied 83 N.Y.2d 969).
Concur — Lerner, P. J., Ellerin, Rubin, Tom and Andrias, JJ.