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People v. Muniz

248 A.D.2d 644 Court N.Y. App. Div. Decision date 1998-03-23 English

Judges Copertino, J. P., Altman, Florio and Luciano, JJ., concur.

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p. 644
The People of the State of New York, Respondent, v Albert Muniz, Appellant.
[669 NYS2d 949]

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered November 15, 1994, convicting him of assault in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

There is no merit to the defendant’s contention that he was deprived of his right to a fair trial by the introduction of evidence regarding uncharged crimes. The evidence was admis

p. 645
sible to complete the narrative of events and to show the defendant’s motive and intent (see, People v Bowden, 157 AD2d 789 ; People v Hardwick, 140 AD2d 624 ; People v Maggio, 137 AD2d 623 ). The probative value of the evidence clearly outweighed any prejudicial effect and the court gave a proper limiting instruction to the jury (see, People v Bowden, supra; People v Maggio, supra).

The defendant’s remaining contention is without merit (see, People v Gaines, 158 AD2d 540 ).

Copertino, J. P., Altman, Florio and Luciano, JJ., concur.

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