Opinion
2015-05-27
The PEOPLE, etc., respondent, v. Vitaliy RABAYEV, appellant.
Lynn W.L. Fahey, New York, N.Y. (Anna Pervukhin of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Victor Barall, and Daniel Berman of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Anna Pervukhin of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Victor Barall, and Daniel Berman of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Henry, J.), rendered October 20, 2010, convicting him of attempted assault in the third degree (two counts), attempted criminal mischief in the fourth degree, menacing in the third degree (two counts), and harassment in the second degree, after a nonjury trial, and imposing sentence.
ORDERED that the judgment is affirmed.
The Supreme Court properly permitted the People to introduce evidence of the defendant's prior uncharged crimes. The evidence was probative of his motive to commit the crimes charged in the present matter, and provided background information regarding his relationship with the complainant, his wife ( see People v. Ramsey, 1 A.D.3d 538, 767 N.Y.S.2d 264; People v. Howe, 292 A.D.2d 542, 739 N.Y.S.2d 587; People v. Shorey, 172 A.D.2d 634, 568 N.Y.S.2d 436).
The defendant's remaining contention is without merit.