Opinion
2000-04628
Submitted May 22, 2003.
June 9, 2003.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Cacciabaudo, J.), rendered April 26, 2000, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Robert C. Mitchell, Riverhead, N.Y. (Robert B. Kenney of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael Blakey of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., GLORIA GOLDSTEIN, LEO F. McGINITY, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see CPL 470.15).
The defendant's contention that the Supreme Court committed reversible error by permitting the People to elicit evidence of a prior bad act is without merit. The evidence was properly admitted as evidence of the defendant's motive and intent in the commission of the charged crime (see People v. Alvino, 71 N.Y.2d 233; People v. Ventimiglia, 52 N.Y.2d 350; People v. Molineux, 168 N.Y. 264).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are without merit.
ALTMAN, J.P., GOLDSTEIN, McGINITY and MASTRO, JJ., concur.