Opinion
Submitted February 22, 2000.
April 3, 2000.
Appeal by the defendant from a judgment of the County Court, Nassau County (Belfi, J.), rendered November 25, 1997, convicting him of murder in the second degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.
Steven D. Kommor, Garden City, N.Y., for appellant.
Denis Dillon, District Attorney, Mineola, N.Y. (Bruce W. Whitney and Andrea M. DiGregorio of counsel), for respondent.
WILLIAM D. FRIEDMANN, J.P., LEO F. McGINITY, DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the court providently exercised its discretion in admitting testimony that the defendant was on parole at the time the instant crime was committed, in order to establish his motive for shooting the victim (see, People v. Allweiss, 48 N.Y.2d 40 ; People v. Molineux, 168 N.Y. 264, 293 ; People v. Robinson, 200 A.D.2d 693, 693-694 ). The court minimized prejudice to the defendant by prohibiting testimony as to the nature of the crime underlying the defendant's parole, and by instructing the jury that the testimony regarding the defendant's parole status was to be considered solely on the issue of motive (see, People v. Robinson, 200 A.D.2d 693, 694 ).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.