PEOPLE v. COOK (1998)

 The verdict is not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672).  We reject the contention of defendant that, during the People's case-in-chief, County Court erred in admitting evidence concerning prior bad acts of defendant toward the victim, his paramour.   The evidence of defendant's prior abusive conduct toward the victim was admissible on the issue of forcible compulsion (see, People v. George, 197 A.D.2d 588, 589, 602 N.Y.S.2d 643, lv. denied 82 N.Y.2d 925, 610 N.Y.S.2d 177, 632 N.E.2d 487;  People v. Velasquez, 141 A.D.2d 882, 883, 530 N.Y.S.2d 208, lv. denied 72 N.Y.2d 926, 532 N.Y.S.2d 860, 529 N.E.2d 190) and as background material to aid the jury in understanding the relationship between defendant and the victim (see, People v. Shorey, 172 A.D.2d 634, 635, 568 N.Y.S.2d 436, lv. denied 78 N.Y.2d 974, 574 N.Y.S.2d 954, 580 N.E.2d 426).   Additionally, the court properly exercised its discretion in weighing the probative value of the evidence against its potential prejudicial effect (see, People v. Alvino, 71 N.Y.2d 233, 242-247, 525 N.Y.S.2d 7, 519 N.E.2d 808;  People v. George, supra ).

 We likewise reject the contention of defendant that the court erred in denying his CPL 330.30 motion without a hearing.   The basis for the motion was alleged conduct that did not appear in the record.

Judgment unanimously affirmed.

MEMORANDUM: