Opinion
2000-11725
Argued February 22, 2002.
March 18, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Douglass, J.), rendered December 20, 2000, convicting her of assault in the first degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (V. Marika Meis of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Victor Barall, and Dahlia Fredericks of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., SONDRA MILLER, LEO F. McGINITY, THOMAS A. ADAMS, JJ.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the trial court properly admitted evidence that she was arrested for the instant crime at the office of her probation officer. Evidence of a defendant's prior bad acts is admissible if it is relevant to a material issue at trial and its probative value outweighs its potential for prejudice (see, People v. Alvino, 71 N.Y.2d 233). In this case, the evidence was introduced as background material needed to complete the narrative (see, People v. Brown, 239 A.D.2d 429; People v. Reyes, 162 A.D.2d 357).
The defendant's remaining contentions are either unpreserved for appellate review (see, CPL 470.05; People v. Tardbania, 72 N.Y.2d 852; People v. Nuccie, 57 N.Y.2d 818) or without merit.
FLORIO, J.P., S. MILLER, McGINITY and ADAMS, JJ., concur.