People v Haidara
2009 NY Slip Op 06726 [65 AD3d 974]
September 29, 2009
Appellate Division, First Department
As corrected through Wednesday, November 4, 2009


The People of the State of New York,Respondent,
v
Yacouba Haidara, Appellant.

[*1]Robert S. Dean, Center for Appellate Litigation, New York (William A. Loeb ofcounsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Philip Morrow of counsel), forrespondent.

Judgment, Supreme Court, New York County (Daniel P. FitzGerald, J.), rendered September26, 2007, convicting defendant, after a jury trial, of course of sexual conduct against a child inthe first degree, and sentencing him to a term of 12½ to 25 years, unanimously affirmed.

The court properly received evidence of uncharged crimes to complete the victim's narrative,describe the events leading up to the charged crime and explain the relationship betweendefendant and the victim (see People vLeeson, 12 NY3d 823, 827 [2009]; People v Dorm, 12 NY3d 16, 19 [2009]), as well as to place theevents in question in a believable context and explain the victim's delay in reporting defendant'sconduct (see People v Rosario, 34AD3d 370 [2006], lv denied 8 NY3d 949 [2007]). Although the evidence wasextensive, it was not unduly inflammatory and the court's thorough limiting instruction wassufficient to minimize any possible prejudice.

Defendant's arguments concerning the prosecutor's opening statement and summation areunpreserved and we decline to review them in the interest of justice. As an alternative holding,we find no basis for reversal. Concur—Mazzarelli, J.P., Saxe, Moskowitz, Renwick andRichter, JJ.


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