Opinion
2018–01273 Ind. No. 16–06267
05-22-2019
The PEOPLE, etc., Respondent, v. Ricardo RAMIREZ, Appellant.
John P. Savoca, Yorktown Heights, NY, for appellant. Anthony A. Scarpino, Jr., District Attorney, White Plains, N.Y. (Brian R. Pouliot and William C. Milaccio of counsel), for respondent.
John P. Savoca, Yorktown Heights, NY, for appellant.
Anthony A. Scarpino, Jr., District Attorney, White Plains, N.Y. (Brian R. Pouliot and William C. Milaccio of counsel), for respondent.
WILLIAM F. MASTRO, J.P., CHERYL E. CHAMBERS, ROBERT J. MILLER, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Westchester County (Susan Capeci, J.), rendered December 19, 2017, convicting him of criminal contempt in the second degree, assault in the third degree, and harassment in the second degree, after a nonjury trial, and imposing sentence.
ORDERED that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see People v. Contes , 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932 ), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt (see People v. Danielson , 9 N.Y.3d 342, 349, 849 N.Y.S.2d 480, 880 N.E.2d 1 ). Moreover, upon the exercise of our factual review power (see CPL 470.15[5] ; People v. Danielson , 9 N.Y.3d 342, 849 N.Y.S.2d 480, 880 N.E.2d 1 ), we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v. Romero , 7 N.Y.3d 633, 826 N.Y.S.2d 163, 859 N.E.2d 902 ).
We agree with the County Court's determination to permit the People to introduce evidence of the defendant's prior bad acts against the complainant. This evidence was relevant background material regarding the defendant's relationship with the complainant, to explain the issuance of a temporary order of protection, and as evidence of the defendant's motive and intent in the commission of the charged crimes (see People v. Bittrolff , 165 A.D.3d 690, 691, 85 N.Y.S.3d 181 ; People v. Reddick , 104 A.D.3d 708, 708, 960 N.Y.S.2d 481 ; People v. Whitley , 83 A.D.3d 1107, 1108, 922 N.Y.S.2d 446 ; People v. Hanson , 30 A.D.3d 537, 538, 818 N.Y.S.2d 128 ).
MASTRO, J.P., CHAMBERS, MILLER and CHRISTOPHER, JJ., concur.