| People v Jean |
| 2015 NY Slip Op 02984 [127 AD3d 882] |
| April 8, 2015 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Garry Jean, Appellant. |
Arleen Lewis, Blauvelt, N.Y., for appellant.
Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel),for respondent.
Appeal by the defendant from a judgment of the County Court, Rockland County(Nelson, J.), rendered May 4, 2010, convicting him of assault in the second degree andcriminal possession of a weapon in the second degree (two counts), upon a jury verdict,and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the trial court did not err in admittingevidence of certain prior bad acts committed by the defendant. The evidence was relevantto establish the defendant's motive for the instant assault, and " 'providednecessary background information on the nature of the relationship' " betweenthe defendant and the complainant (People v Gamble, 18 NY3d 386, 398 [2012], quoting People v Dorm, 12 NY3d16, 19 [2009]; see People vWisdom, 120 AD3d 724, 725-726 [2014]). Further, the trial court properlybalanced the probative value of the evidence against the potential prejudice (seePeople v Gamble, 18 NY3d at 398; People v Wisdom, 120 AD3d at726).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80[1982]).
The defendant's remaining contention is without merit. Skelos, J.P., Austin, Millerand Hinds-Radix, JJ., concur.