Opinion
March 29, 1995
Appeal from the Supreme Court, Kings County (Goldstein, J.).
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), we find that it is legally sufficient to establish the defendant's guilt of murder in the second degree beyond a reasonable doubt (see, Penal Law § 125.25). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt is not against the weight of the evidence (see, CPL 470.15).
The defendant was convicted of killing his son Ezekiel. Contrary to the defendant's contention, the trial court properly admitted evidence of the defendant's prior conviction for assaulting his other son, Norberto. Such proof was admissible to establish the defendant's intent and to rebut his contention that Ezekiel's death was accidental (see, People v. Henson, 33 N.Y.2d 63; People v. Sims, 110 A.D.2d 214).
The defendant was provided with meaningful representation (see, People v. Ellis, 81 N.Y.2d 854; People v. Baldi, 54 N.Y.2d 137). Defense counsel's brief summation, by itself, did not deprive the defendant of the effective assistance of counsel (see, People v. Abdullah, 100 A.D.2d 550, cert denied 474 U.S. 919).
The defendant's right to be present at a material stage of the trial was not violated by the defendant's removal from the courtroom prior to the polling of the jury. The defendant forfeited his right to be present because he continued to engage in disruptive behavior after he had been adequately warned by the trial court, outside of the jury's presence, that he would be removed if he continued to engage in such conduct (see, People v Byrnes, 33 N.Y.2d 343; People v. Brooks, 184 A.D.2d 274). Sullivan, J.P., Lawrence, Copertino and Joy, JJ., concur.