Opinion
Submitted January 11, 2000
February 24, 2000
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Martin, J.), rendered February 18, 1997, convicting him of assault in the first degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.
Michael J. Noonan, Bayside, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie, Ruth E. Ross, and Brendan Fitzgerald Crowe of counsel), for respondent.
DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, DANIEL F. LUCIANO and SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Under the circumstances of this case, the admission into evidence of the uncharged crime of criminal sale of a controlled substance was relevant to the defendant's motive, and the probative value of this evidence outweighed its potential for prejudice (see, People v. Maher, 224 A.D.2d 549, affd 89 N.Y.2d 456 ;People v. Burton, 224 A.D.2d 438, 439 ; People v. Hamid, 209 A.D.2d 716 ; People v. McDowell, 191 A.D.2d 515 ). Further, the testimony that the defendant was a drug dealer was relevant to establish the relationship between the complainant, the eyewitness, and the defendant (see, People v. Artis, 220 A.D.2d 441 ).
The defendant's remaining contentions are either unpreserved for appellate review (see, CPL 470.05[2]), or without merit.
RITTER, J.P., ALTMAN, LUCIANO, and FEUERSTEIN, JJ., concur.