Opinion
260
February 25, 2003.
Judgment, Supreme Court, New York County (Arlene Silverman, J.), rendered October 4, 2000, convicting defendant, after a jury trial, of attempted burglary in the third degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.
Richard M. Budd, for respondent.
Laura Lieberman Cohen, for defendant-appellant.
Before: Tom, J.P., Andrias, Sullivan, Friedman, Marlow, JJ.
The trial court properly admitted, on the issue of intent, testimony indicating that defendant may have previously committed similar acts (see People v. Alvino, 71 N.Y.2d 233, 245; People v. McNair, 167 A.D.2d 20, lv denied 77 N.Y.2d 909). Contrary to defendant's assertion, defendant's intent was a contested issue. Furthermore, the court's thorough limiting instructions, which the jury is presumed to have followed (see People v. Davis, 58 N.Y.2d 1102, 1104), were sufficient to prevent any prejudice.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.