People v. Rabayev

128 A.D.3d 1099, 8 N.Y.S.3d 606
Appellate Division of the Supreme Court of the State of New York·Decided May 27, 2015·No. 2010-10746·Published

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Henry, J.), rendered October 20, 2010, convicting him of attempted assault in the third degree (two counts), attempted criminal mischief in the fourth degree, menacing in the third degree (two counts), and harassment in the second degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

The Supreme Court properly permitted the People to *1100 introduce evidence of the defendant’s prior uncharged crimes. The evidence was probative of his motive to commit the crimes charged in the present matter, and provided background information regarding his relationship with the complainant, his wife (see People v Ramsey, 1 AD3d 538 [2003]; People v Howe, 292 AD2d 542 [2002]; People v Shorey, 172 AD2d 634 [1991]).

The defendant’s remaining contention is without merit. Rivera, J.R, Dickerson, Cohen and Barros, JJ., concur.

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People v. Rabayev, 128 A.D.3d 1099, 8 N.Y.S.3d 606 (N.Y. Ct. App. 2015).

128 A.D.3d 1099 (People v. Rabayev) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Shorey
172 A.D.2d 634 (Appellate Division of the Supreme Court of New York, 1991)
People v. Howe
292 A.D.2d 542 (Appellate Division of the Supreme Court of New York, 2002)