People v. Williams — 7 A.D.3d 549

Majority

p. 549

The People of the State of New York, Respondent, v Kipp Williams, Appellant.

[775 NYS2d 574]

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Spires, J.), rendered January 31, 2002, convicting him of murder in the second degree (two counts), criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The trial court properly admitted testimony that the defendant was a drug dealer to establish a motive for the shootings (see People v Molineux, 168 NY 264 [1901]; People v Zimmerman, 212 AD2d 821 [1995]; People v Escobar, 131 AD2d 500 , 502 [1987]). The defendant’s claims that the prosecutor overstepped the trial court’s Molineux ruling are largely unpreserved for appellate review (see People v Heide, 84 NY2d 943 , 944 [1994]; People v Medina, 53 NY2d 951 , 953 [1981]; People v Rosario, 195 AD2d 577 [1993]). In any event, the prosecutor’s conduct did not deprive the defendant of a fair trial (see People v Miller, 143 AD2d 1055 [1988]; cf. People v Calabria, 94 NY2d 519 , 523 [2000]; People v Ashwal, 39 NY2d 105 [1976]). Santucci, J.P., Florio, Schmidt and Rivera, JJ., concur.

Cases cited

People v. Molineux 168 NY 264 N.Y. 1901-10-15 p. 549
People v. Zimmerman 212 AD2d 821 N.Y. App. Div. 1995-02-27 p. 549
People v. Escobar 131 AD2d 500 N.Y. App. Div. 1987-06-01 at 502 p. 549
People v. Heide 84 NY2d 943 N.Y. 1994-12-01 at 944 p. 549
People v. Medina 53 NY2d 951 N.Y. 1981-06-02 at 953 p. 549
People v. Rosario 195 AD2d 577 N.Y. App. Div. 1993-07-19 p. 549
People v. Miller 143 AD2d 1055 N.Y. App. Div. 1988-10-31 p. 549
People v. Calabria 94 NY2d 519 N.Y. 2000-04-06 at 523 p. 549
People v. Ashwal 39 NY2d 105 N.Y. 1976-04-01 p. 549