Opinion
2014–02763 Ind. No. 8015/12
02-07-2018
The PEOPLE, etc., respondent, v. Julio DIAZ, appellant.
Paul Skip Laisure, New York, N.Y. (William Kastin of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Rhea A. Grob of counsel), for respondent.
Paul Skip Laisure, New York, N.Y. (William Kastin of counsel), for appellant.Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Rhea A. Grob of counsel), for respondent.
JOHN M. LEVENTHAL, J.P., LEONARD B. AUSTIN, JOSEPH J. MALTESE, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Danny K. Chun, J.), rendered March 12, 2014, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the trial court properly admitted evidence of a prior altercation between the defendant and the victim, where the defendant chased the victim and struck him in the head with a bat. This evidence was probative of the defendant's motive and intent, provided necessary background information on the nature of their relationship, and placed the charged conduct in context (see People v. Dorm, 12 N.Y.3d 16, 19, 874 N.Y.S.2d 866, 903 N.E.2d 263 ; People v. Williams, 27 A.D.3d 673, 811 N.Y.S.2d 124 ; People v. James, 19 A.D.3d 616, 797 N.Y.S.2d 129 ). Moreover, the probative value of the uncharged crime evidence outweighed the prejudice to the defendant, particularly considering the trial court's limiting instruction (see People v. Dorm, 12 N.Y.3d at 19, 874 N.Y.S.2d 866, 903 N.E.2d 263 ; People v. Alvino, 71 N.Y.2d 233, 242, 525 N.Y.S.2d 7, 519 N.E.2d 808 ; People v. Rock, 65 A.D.3d 558, 559, 882 N.Y.S.2d 907 ).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
LEVENTHAL, J.P., AUSTIN, MALTESE and IANNACCI, JJ., concur.