Opinion
October 11, 1994
Appeal from the Supreme Court, Kings County (Barasch, J.).
Ordered that the judgment is affirmed.
The defendant contends that the trial court erred in admitting testimony concerning his alleged participation in prior uncharged crimes. However, this testimony was properly admitted, with limiting instructions from the court, to demonstrate the defendant's motive and intent (see, People v. Colon, 187 A.D.2d 445, 446; People v. Hardwick, 140 A.D.2d 624).
In addition, the trial court's supplemental instruction to the jury did not constructively amend the indictment in a manner that allowed a variation in the theory of the prosecution (see, People v. Charles, 61 N.Y.2d 321).
The defendant's remaining contentions are either unpreserved for appellate review or without merit. Lawrence, J.P., Pizzuto, Friedmann and Krausman, JJ., concur.