| People v Frankline |
| 2014 NY Slip Op 08727 [123 AD3d 504] |
| December 11, 2014 |
| Appellate Division, First Department |
[*1]
| The People of the State of New York,Respondent, v Lennie Frankline, Appellant. |
Scott A. Rosenberg, The Legal Aid Society, New York (Allen Fallek of counsel), forappellant.
Robert T. Johnson, District Attorney, Bronx (Jordan K. Hummel of counsel), forrespondent.
Judgment, Supreme Court, Bronx County (Ann M. Donnelly, J.), renderedNovember 1, 2010, convicting defendant, after a jury trial, of attempted murder in thesecond degree, burglary in the first degree (two counts), assault in the third degree andendangering the welfare of a child, and sentencing him to an aggregate term of 25 years,unanimously affirmed.
The court properly admitted evidence of defendant's assault on the victim, whichoccurred in Niagara County approximately one week before the crimes at issue. Asdefendant concedes, this evidence was admissible as background evidence to completethe narrative. Moreover, contrary to defendant's unpreserved claims, this evidence wasalso probative of defendant's motive (see People v Dorm, 12 NY3d 16, 19 [2009]; People vBierenbaum, 301 AD2d 119, 150 [2002], lv denied 99 NY2d 626 [2003],cert denied 540 US 821 [2003]). We do not find that the amount of such evidencewas excessive or inflammatory. Furthermore, the court's thorough instructions minimizedany prejudice. In any event, any excessiveness in the scope of the victim's testimony didnot warrant the drastic remedy of a mistrial, which was the only remedy defendantsought, and which he requested after the allegedly offending testimony had beencompleted. Finally, any error in receipt of this evidence was harmless in light of theoverwhelming proof of defendant's guilt (see People v Crimmins, 36 NY2d 230[1975]).
We perceive no basis for reducing defendant's sentence or directing that it be servedconcurrently with the sentence on defendant's Niagara County conviction.Concur—Gonzalez, P.J., Tom, Friedman, Acosta and Moskowitz, JJ.