Opinion
2002-01732
Argued October 17, 2003.
November 17, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (D'Emic, J.), rendered February 19, 2002, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Michelle Mogal of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Solomon Neubort of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., DANIEL F. LUCIANO, ROBERT W. SCHMIDT, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the trial court properly permitted the prosecution to introduce evidence of his prior acts of abuse and violence against the victim. The evidence was properly admitted as relevant background material to enable the jury to understand the defendant's relationship with the victim, his girlfriend, and as evidence of the defendant's intent, motive, and absence of mistake or accident in the commission of the crimes charged ( see People v. Howe, 292 A.D.2d 542; People v. Wright, 288 A.D.2d 409; People v. Howard, 285 A.D.2d 560; People v. Underwood, 255 A.D.2d 405; People v. Hawker, 215 A.D.2d 499; People v. George, 197 A.D.2d 588; People v. Shorey, 172 A.D.2d 634). The trial court providently exercised its discretion in determining that the probative value of the evidence outweighed its potential for prejudice ( see People v. Ventimiglia, 52 N.Y.2d 350, 359-60). In any event, any potential prejudice to the defendant was mitigated by the trial court's limiting instructions to the jury ( see People v. Carver, 183 A.D.2d 907; People v. Lunsford, 244 A.D.2d 507).
SANTUCCI, J.P., LUCIANO, SCHMIDT and COZIER, JJ., concur.