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People v. Pagan

Supreme Court, Appellate Division, First Department, New York.
Oct 5, 2017
154 A.D.3d 449 (N.Y. App. Div. 2017)

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.


Summaries of

People v. Pagan

Supreme Court, Appellate Division, First Department, New York.
Oct 5, 2017
154 A.D.3d 449 (N.Y. App. Div. 2017)
Case details for

People v. Pagan

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Nelson PAGAN…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: Oct 5, 2017

Citations

154 A.D.3d 449 (N.Y. App. Div. 2017)
154 A.D.3d 449

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