People v Elder

2004 NYSlipOp 07843

November 1, 2004

Appellate Division, Second Department

The People of the State of New York, Respondent, v Natasha Elder, Appellant.

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Appeal by the defendant from a judgment of the Supreme Court, Kings County (Rivera, J.), rendered December 20, 2001, convicting her of assault in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant's guilt of assault in the first degree beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see CPL 470.15 [5]).

The defendant's contention that the trial court improperly admitted into evidence prior bad acts committed by her against the victim is without merit. The evidence of the prior bad acts was relevant to the defendant's motive and intent, and the probative value of this evidence outweighed its potential for prejudice. Thus, it was admissible (see People v Molineux, 168 NY 264 [1901]; People v Alvino, 71 NY2d 233, 241 [1987]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).[*2]

The defendant's remaining contention is without merit. H. Miller, J.P., Krausman, Cozier and Spolzino, JJ., concur.