| People v Morris |
| 2011 NY Slip Op 08782 [89 AD3d 1112] |
| November 29, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v ChadonMorris, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J.Caferri and Merri Turk Lasky of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Knopf, J.),rendered June 24, 2009, convicting him of criminal possession of a weapon in the second degree, upona jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, he was not deprived of a fair trial because the trial courtpermitted the prosecution to introduce a recording of a telephone call to the 911 emergency numberreporting that a person matching the defendant's description committed an uncharged robbery. Thechallenged evidence was properly admitted to "provide background information as to how and why thepolice pursued and confronted [the] defendant" (People v Tosca, 98 NY2d 660, 661 [2002];see People v Wilson, 82 AD3d797, 799 [2011]; People v Givhan,78 AD3d 730, 731 [2010]; People vStevenson, 67 AD3d 605 [2009]; People v Jenkins, 49 AD3d 780 [2008]), and the challenged evidencewas more probative than prejudicial (cf.People v Resek, 3 NY3d 385, 389 [2004]). Moreover, the trial court nullified any potentialprejudice by properly instructing the jury several times as to the limited purpose of this evidence(see People v Tosca, 98 NY2d at 661; People v Wilson, 82 AD3d at 799; Peoplev Givhan, 78 AD3d at 731). Angiolillo, J.P., Hall, Austin and Miller, JJ., concur.