Majority
p. 1The People of the State of New York, Respondent, v Mario Flores, Appellant. [618 NYS2d 815]
—Judgment, Supreme Court, Bronx County (Harold Silverman, J.), rendered June 1, 1993, convicting defendant, after a jury trial, of sexual abuse in the first degree, and sentencing him to a term of 2 to 6 years, unanimously affirmed.
Defendant failed to preserve his claim that testimony about an incident in which he was discovered, draped only in a towel, in the presence of the child victim constituted improper "uncharged crime” evidence, and we decline to review it in
p. 2
the interest of justice, particularly since defendant made affirmative use of this testimony (People v Littlejohn, 72 AD2d 515 ). Were we to review this claim, we would find it without merit, because mere speculation that a jury might discern something sinister about a defendant’s behavior does not render that behavior an "uncharged crime” (People v Bowls, 185 AD2d 116 ), and because the challenged evidence was relevant in that it was interwoven with People v Vails ( 43 NY2d 364 , 368), and completed the narrative of People v Gines ( 36 NY2d 932 ), the circumstances that triggered the child victim’s outcry. Concur—Murphy, P. J., Rosenberger, Ross, Rubin and Williams, JJ.
Cases cited
- People v. Bowls 185 AD2d 116 p. 2
- People v. Vails 43 NY2d 364 at 368 p. 2
- People v. Gines 36 NY2d 932 p. 2