Opinion
03-08-2017
The PEOPLE, etc., respondent, v. Delor FUENTES, appellant.
Lynn W.L. Fahey, New York, NY (Angad Singh of counsel), for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove, Victor Barall, and Davis Polk & Wardwell LLP [Juliana N. Murray ], of counsel), for respondent.
Lynn W.L. Fahey, New York, NY (Angad Singh of counsel), for appellant.
Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove, Victor Barall, and Davis Polk & Wardwell LLP [Juliana N. Murray ], of counsel), for respondent.
L. PRISCILLA HALL, J.P., ROBERT J. MILLER, FRANCESCA E. CONNOLLY, and VALERIE BRATHWAITE NELSON, JJ.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Chun, J.), rendered August 18, 2014, convicting him of manslaughter in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The Supreme Court's Molineux ruling (see People v. Molineux, 168 N.Y. 264, 61 N.E. 286 ) constituted a proper exercise of discretion. The evidence of the defendant's prior possession and display of a weapon was probative of the defendant's knowing possession of the weapon at the time of the crimes charged, and the risk of prejudice did not outweigh the probative value (see People v. Lawrence, 141 A.D.3d 1079, 1081, 34 N.Y.S.3d 827 ; People v. Kidd, 112 A.D.3d 994, 995, 976 N.Y.S.2d 309 ; People v. Phillips, 84 A.D.3d 1274, 923 N.Y.S.2d 867 ).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
The defendant's remaining contentions are unpreserved for appellate review and, in any event, without merit.