| People v Sanchez |
| 2010 NY Slip Op 04425 [73 AD3d 1093] |
| May 18, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Edgar Sanchez, Appellant. |
—[*1] Kathleen M. Rice, District Attorney, Mineola, N.Y. (Tammy J. Smiley and Sarah S.Rabinowitz of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Peck, J.),rendered January 18, 2007, convicting him of murder in the second degree and tampering withphysical evidence, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's claim that he was deprived of a fair trial when the Supreme Court permittedthe prosecutor to introduce evidence of his prior bad acts is preserved for appellate review(see CPL 470.05 [2]). Contrary to the defendant's contention, however, the SupremeCourt properly weighed the probative value of the prior bad act evidence against any prejudice tohim (see People v Molineux, 168 NY 264 [1901]; see also People v Ventimiglia,52 NY2d 350 [1981]). Moreover, the Supreme Court properly admitted evidence of thedefendant's prior acts of domestic violence against the victim as probative of the relationshipbetween him and the victim and probative of the defendant's motive or intent to murder thevictim (see People v James, 19AD3d 616 [2005]; People vGorham, 17 AD3d 858 [2005]; People v Poquee, 9 AD3d 781 [2004]; People vBierenbaum, 301 AD2d 119 [2002], cert denied 540 US 821 [2003]; People vHoward, 285 AD2d 560 [2001]).
The defendant's arguments alleging ineffective assistance of counsel, as set forth in his mainbrief and in his supplemental pro se brief, are without merit (see People v Baldi, 54NY2d 137, 146-147 [1981]).
The defendant's remaining contentions, including those raised in his supplemental pro sebrief, are without merit or do not require reversal. Mastro, J.P., Santucci, Belen and Chambers,JJ., concur.