People v. Murray

302 A.D.2d 296, 754 N.Y.S.2d 543, 2003 N.Y. App. Div. LEXIS 1728

Opinion

Judgment, Supreme Court, New York County (Arlene Silverman, J.), rendered October 4, 2000, convicting defendant, after a jury trial, of attempted burglary in the third degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

The trial court properly admitted, on the issue of intent, testimony indicating that defendant may have previously committed similar acts (see People v Alvino, 71 NY2d 233, 245; People v McNair, 167 AD2d 205, lv denied 77 NY2d 909). Contrary to defendant’s assertion, defendant’s intent was a contested issue. Furthermore, the court’s thorough limiting instructions, which the jury is presumed to have followed (see People v Davis, 58 NY2d 1102, 1104), were sufficient to prevent any prejudice. Concur — Tom, J.P., Andrias, Sullivan, Friedman and Marlow, JJ.