Majority
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Martin, J.), rendered February 18, 1997, convicting him of assault in the first degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Under the circumstances of this case, the admission into evidence of the uncharged crime of criminal sale of a controlled substance was relevant to the defendant’s motive, and the probative value of this evidence outweighed its potential for prejudice (see, People v Maher, 224 AD2d 549 , affd 89 NY2d 456 ; People v Burton, 224 AD2d 438 , 439; People v Hamid, 209 AD2d 716 ; People v McDowell, 191 AD2d 515 ). Further, the testimony that the defendant was a drug dealer was relevant to establish the relationship between the complainant, the eyewitness, and the defendant (see, People v Artis, 220 AD2d 441 ).
Cases cited
- People v. Maher 89 NY2d 456 p. 549
- People v. McDowell 191 AD2d 515 p. 549