Opinion
September 20, 1990
Appeal from the Supreme Court, New York County (Franklin Weissberg, J.).
Defendant, his common-law wife Mary Hernandez, their son Eufemio Mendez, Jr., and Hernandez' daughter Amy Fuentes lived in one room within the apartment of their friends Clara Molano and Angel Tejada. On June 30, 1987, defendant argued with and beat Hernandez. Tejada ordered defendant to move out because of his constant fighting with Hernandez. Defendant then shot Tejada in the chest and pursued Molano, also shooting her.
Evidence of crimes not charged in the indictment is inadmissible if they are introduced for the sole purpose of establishing criminal propensity. (People v. Alvino, 71 N.Y.2d 233, 241.) The introduction of such evidence to establish motive is an exception to this general rule. (People v. Molineux, 168 N.Y. 264, 293; People v. Mees, 47 N.Y.2d 997, 998.) Such evidence may also be introduced to complete a witness's narrative to assist the jury in their comprehension of the crime. (People v Hernandez, 139 A.D.2d 472, 477, lv denied 72 N.Y.2d 957.) For these reasons, evidence of defendant's abusive behavior toward his common-law wife was admissible at trial.
We do not find that the sentence imposed was unduly harsh or severe. The defendant has a history of violent behavior and has shown no remorse for his actions.
Concur — Murphy, P.J., Ross, Carro and Rosenberger, JJ.