Opinion
3641.
Decided May 13, 2004.
Judgment, Supreme Court, New York County (John E.H. Stackhouse, J.), rendered January 15, 2002, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him, as a second felony offender, to a term of 7 years, unanimously affirmed.
Stanley Neustadter, Cardozo Appeals Clinic, New York (Roy Fenichel of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Gina Mignola of counsel), for respondent.
Before: Nardelli, J.P., Andrias, Ellerin, Lerner, Marlow, JJ.
The court properly exercised its discretion in admitting testimony that, during the confrontation preceding the assault, the victim taunted defendant by saying "I know you like playing with guns. Are you going to play with guns today?". This testimony was necessary to complete the narrative of events leading up to the shooting ( see People v. Till, 87 N.Y.2d 835), and its probative value outweighed any prejudicial effect. In any event, were we to find that the evidence was improperly admitted, we would find the error to be harmless given the overwhelming evidence establishing that defendant intentionally shot the victim.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.