Opinion
10-05-2017
The PEOPLE of the State of New York, Respondent, v. Nelson PAGAN, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Jeffrey Dellheim of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Gloria Garcia of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Jeffrey Dellheim of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Gloria Garcia of counsel), for respondent.
Judgment, Supreme Court, New York County (Michael R. Sonberg, J.), rendered May 21, 2015, convicting defendant, after a nonjury trial, of harassment in the second degree, and sentencing him to a term of 15 days, unanimously affirmed.
The court properly exercised its discretion in admitting evidence of defendant's prior threatening or violent acts against the victim, his wife. This evidence was relevant to defendant's anger and motive to control his wife (see People v. Frankline, 27 N.Y.3d 1113, 1115, 36 N.Y.S.3d 834, 57 N.E.3d 26 [2016] ; People v. Dorm, 12 N.Y.3d 16, 19, 874 N.Y.S.2d 866, 903 N.E.2d 263 [2009] ), and defendant's argument that prior acts of domestic abuse must rise to a certain level of violence or frequency to be deemed relevant is unpersuasive. Any prejudicial effect was outweighed by probative value, and, in any event, the court at this nonjury trial is "presumed capable of disregarding the prejudicial aspect of the evidence" ( People v. Tong Khuu, 293 A.D.2d 424, 425, 740 N.Y.S.2d 860 [1st Dept.2002], lv. denied 98 N.Y.2d 714, 749 N.Y.S.2d 11, 778 N.E.2d 562 [2002] ).
ACOSTA, P.J., RENWICK, WEBBER, OING, MOULTON, JJ., concur.