| People v Duperroy |
| 2011 NY Slip Op 07513 [88 AD3d 606] |
| October 25, 2011 |
| Appellate Division, First Department |
| The People of the State of New York, Respondent, v VictorDuperroy, Appellant. |
—[*1] Cyrus R. Vance, Jr., District Attorney, New York (Caleb Kruckenberg of counsel), forrespondent.
Judgment, Supreme Court, New York County (A. Kirke Bartley, J.), rendered February 24,2010, convicting defendant, after a jury trial, of two counts of criminal contempt in the firstdegree, and two counts of criminal contempt in the second degree, and sentencing him to anaggregate term of 1½ to 3 years, unanimously modified, on the law, to the extent ofvacating both convictions of second-degree contempt, and dismissing those counts, andotherwise affirmed.
The court properly exercised its discretion in admitting uncharged crimes evidence. This caseinvolved longstanding and ongoing domestic conflict, and many of the counts submitted to thejury required proof that defendant intended to instill fear, harass, or otherwise inflictpsychological injury on his wife. Defendant's extensive history of threatening and violent conductwas highly probative of intent and motive, and it provided valuable background information (see People v Dorm, 12 NY3d 16,19 [2009]; People v Garvin, 37AD3d 372 [2007], lv denied 8 NY3d 984 [2007]). The probative value of thisevidence outweighed its prejudicial effect, which was minimized by the court's thoroughinstructions. In any event, any error in receipt of this evidence was harmless.
The People concede that defendant is entitled to dismissal of the second-degree contemptcounts as lesser included offenses of the first-degree counts. Defendant's remaining doublejeopardy argument is unpreserved (see People v Gonzalez, 99 NY2d 76, 82-83 [2002];People v Jordan, 77 AD3d 406 [2010], lv denied 15 NY3d 953 [2010]), and wedecline to review it in the interest of justice. Concur—Mazzarelli, J.P., Friedman,Catterson, Renwick and Richter, JJ.