Opinion
3470.
Decided April 22, 2004.
Judgment, Supreme Court, Bronx County (William Donnino, J.), rendered July 26, 1996, convicting defendant, after a jury trial, of murder in the second degree (three counts) and assault in the second degree, and sentencing him to three consecutive terms of 25 years to life, and a concurrent term of 5 to 15 years, unanimously affirmed.
David K. Bertan, Bronx, for appellant.
Robert T. Johnson, District Attorney, Bronx (Kristin L. Vassallo of counsel), for respondent.
Before: Andrias, J.P., Williams, Friedman, Marlow, Gonzalez, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Issues of credibility, including the backgrounds of witnesses and inconsistencies in testimony, were properly considered by the jury and there is no basis for disturbing its determinations ( see People v. Gaimari, 176 N.Y. 84, 94).
The court properly exercised its discretion in admitting evidence of a prior confrontation between defendant and a witness to one of the murders, during which defendant had threatened the witness with a gun, and said "I kill people for a living." This evidence was probative of the impression left by defendant on this witness, and thus his ability to identify defendant as the perpetrator of the subsequent shooting ( see People v. Berry, 267 A.D.2d 102, lv denied 95 N.Y.2d 793; People v. Agostini, 239 A.D.2d 426, lv denied 91 N.Y.2d 939). Furthermore, when viewed in the context of other evidence, defendant's reference to killing people for a living was highly relevant to the issue of defendant's motive for all of the charged crimes ( see People v. Mena, 269 A.D.2d 147, lv denied 95 N.Y.2d 837; see also People v. Yapor, 308 A.D.2d 361, lv denied 1 N.Y.3d 583). The court properly weighed the probative value of this evidence against any prejudice to defendant.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.