PEOPLE v. RIVERA (1999)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. John RIVERA, Defendant-Appellant.

Decided: October 21, 1999

SULLIVAN, J.P., NARDELLI, TOM, MAZZARELLI and FRIEDMAN, JJ.

Ellen Sue Handman, for Respondent. Lori Shellenberger, for Defendant-Appellant.

Judgment, Supreme Court, New York County (Marcy Kahn, J.), rendered July 29, 1996, convicting defendant, after a jury trial, of assault in the second degree and criminal mischief in the fourth degree, and sentencing him, as a second felony offender, to concurrent terms of 3 to 6 years and 1 year, respectively, unanimously affirmed.

Limited testimony that the police had conversations with civilians at the scene of defendant's arrest was properly admitted, not for its truth, but rather to provide background information that was necessary to explain why the officer handcuffed the complainant and defendant as he arrived on the scene and then uncuffed the complainant and arrested defendant (see, People v. Casanova, 160 A.D.2d 394, 554 N.Y.S.2d 21, lv. denied 76 N.Y.2d 786, 559 N.Y.S.2d 991, 559 N.E.2d 685). Furthermore, any possible prejudice was avoided by the court's limiting instruction at the time the testimony was introduced and again in its final charge to the jury.

MEMORANDUM DECISION.

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