| People v Rodriguez |
| 2017 NY Slip Op 01891 [148 AD3d 938] |
| March 15, 2017 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Elias Rodriguez, Appellant. |
Lynn W. L. Fahey, New York, NY (William Kastin of counsel; Brian Carroll on the brief),for appellant.
Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, JohnnetteTraill, Nancy Fitzpatrick Talcott, and Ayelet Sela of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kohm, J.),rendered June 13, 2014, convicting him of criminal contempt in the first degree and harassmentin the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The Supreme Court providently exercised its discretion in permitting the People to elicitevidence of the defendant's prior misconduct involving the complainant and the complainant'sson. The evidence was admissible to establish the defendant's intent and motive, and because itwas relevant as background information to complete the narrative of the incident, and to helpestablish an element of the crimes charged in the indictment (see People v Morris, 21 NY3d 588, 597 [2013]; People vTill, 87 NY2d 835, 837 [1995]; People v Ingram, 71 NY2d 474, 481 [1988];People v Alvino, 71 NY2d 233, 243 [1987]; People v Charles, 121 AD3d 802, 802-803 [2014]; People v Wisdom, 120 AD3d 724,725-726 [2014]; People v Lleshi,100 AD3d 780, 781 [2012]; Peoplev Wellcome, 70 AD3d 983, 983-984 [2010]; People v Rock, 65 AD3d 558, 558-559 [2009]; see generallyPeople v Ventimiglia, 52 NY2d 350 [1981]; People v Molineux, 168 NY 264[1901]). Furthermore, the probative value of the evidence outweighed its prejudicial effect,which the court minimized by giving the jury limiting instructions (see People v Morris,21 NY3d at 598; People v Tosca, 98 NY2d 660, 661 [2002]; People v Sheehan, 105 AD3d 873,875 [2013]; People v Yusuf, 104AD3d 881, 883 [2013]; People vJames, 19 AD3d 616, 616 [2005]). Mastro, J.P., Balkin, Cohen and Brathwaite Nelson,JJ., concur.