Opinion
2015-04-08
The PEOPLE, etc., respondent, v. Garry JEAN, appellant.
Arleen Lewis, Blauvelt, N.Y., for appellant. Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel), for respondent.
Arleen Lewis, Blauvelt, N.Y., for appellant. Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Rockland County (Nelson, J.), rendered May 4, 2010, convicting him of assault in the second degree and criminal possession of a weapon in the second degree (two counts), upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the trial court did not err in admitting evidence of certain prior bad acts committed by the defendant. The evidence was relevant to establish the defendant's motive for the instant assault, and “ ‘provided necessary background information on the nature of the relationship’ ” between the defendant and the complainant (People v. Gamble, 18 N.Y.3d 386, 398, 941 N.Y.S.2d 1, 964 N.E.2d 372, quoting People v. Dorm, 12 N.Y.3d 16, 19, 874 N.Y.S.2d 866, 903 N.E.2d 263; see People v. Wisdom, 120 A.D.3d 724, 725–726, 991 N.Y.S.2d 141). Further, the trial court properly balanced the probative value of the evidence against the potential prejudice ( see People v. Gamble, 18 N.Y.3d at 398, 941 N.Y.S.2d 1, 964 N.E.2d 372; People v. Wisdom, 120 A.D.3d at 726, 991 N.Y.S.2d 141).
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 contention is without merit.