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People v. Pena

Appellate Division of the Supreme Court of New York, First Department
Dec 14, 2000
278 A.D.2d 78 (N.Y. App. Div. 2000)

Opinion

December 14, 2000.

Judgment, Supreme Court, New York County (Harold Beeler, J.), rendered March 6, 1998, convicting defendant, after a jury trial, of criminal contempt in the first degree, and sentencing him to a term of 1 1/3 to 4 years, unanimously affirmed.

Suzanne M. Herbert, for respondent.

Simone Petromelis, for defendant-appellant.

Before: Sullivan, P.J., Rosenberger, Williams, Ellerin, Andrias, JJ.


In this domestic violence case, the court properly exercised its discretion in admitting carefully limited evidence of defendant's pattern of abusive conduct. This evidence was admissible to complete the narrative and to provide necessary background information explaining the conduct of the complainant and defendant and was relevant to issues raised by defendant (see, People v. Steinberg, 170 A.D.2d 50, 72-74,affd 79 N.Y.2d 763). Furthermore, any undue prejudice was prevented by the court's appropriate limiting instructions. Defendant's related contentions concerning the prosecutor's summation and the court's charge are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.

We perceive no basis for reduction of sentence.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Pena

Appellate Division of the Supreme Court of New York, First Department
Dec 14, 2000
278 A.D.2d 78 (N.Y. App. Div. 2000)
Case details for

People v. Pena

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. HECTOR PENA…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 14, 2000

Citations

278 A.D.2d 78 (N.Y. App. Div. 2000)
717 N.Y.S.2d 535

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