Opinion
2002-01398.
Decided May 3, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Spires, J.), rendered January 31, 2002, convicting him of murder in the second degree (two counts), criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.
Lynn W.L. Fahey, New York, N.Y. (Bertrand J. Kahn of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y. Brodt, and James A. Dolan of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., ANITA R. FLORIO, ROBERT W. SCHMIDT, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The trial court properly admitted testimony that the defendant was a drug dealer to establish a motive for the shootings ( see People v. Molineux, 168 N.Y. 264; People v. Zimmerman, 212 A.D.2d 821; People v. Escobar, 131 A.D.2d 500, 502). The defendant's claims that the prosecutor overstepped the trial court's Molineux ruling are largely unpreserved for appellate review ( see People v. Heide, 84 N.Y.2d 943, 944; People v. Medina, 53 N.Y.2d 951, 953; People v. Rosario, 195AD2d 577). In any event, the prosecutor's conduct did not deprive the defendant of a fair trial ( see People v. Miller, 143 A.D.2d 1055; cf. People v. Calabria, 94 N.Y.2d 519, 523; People v. Ashwal, 39 N.Y.2d 105).
SANTUCCI, J.P., FLORIO, SCHMIDT and RIVERA, JJ., concur.