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The PEOPLE of the State of New York, Respondent, v. Blaine GALLOWAY, Defendant-Appellant.
Judgment, Supreme Court, New York County (Richard D. Carruthers, J.), rendered June 13, 2006, as amended June 30, 2006, convicting defendant, after a jury trial, of rape in the first degree (two counts), criminal sexual act in the first degree and assault in the second degree, and sentencing him, as a second violent felony offender, to an aggregate term of 18 years, unanimously affirmed.
The court properly permitted the prosecutor to elicit evidence that 10 months before the charged crimes defendant punched the victim, his girlfriend, over a perceived infidelity. The evidence constituted highly probative background information that tended to explain the relationship between defendant and the victim (see People v. Dorm, 12 N.Y.3d 16, 874 N.Y.S.2d 866, 903 N.E.2d 263 [2009] ). This evidence also placed the victim's testimony in a believable context and tended to refute defendant's defense (see People v. Steinberg, 170 A.D.2d 50, 72-74, 573 N.Y.S.2d 965 [1991], affd. 79 N.Y.2d 673, 584 N.Y.S.2d 770, 595 N.E.2d 845 [1992] ). Defendant's remaining arguments concerning this evidence are unpreserved and we decline to review them in the interest of justice. As an alternative holding, we also reject them on the merits.
The court's Sandoval ruling, permitting only limited inquiry into defendant's extensive record, balanced the appropriate factors and was a proper exercise of discretion (see People v. Hayes, 97 N.Y.2d 203, 738 N.Y.S.2d 663, 764 N.E.2d 963 [2002]; People v. Walker, 83 N.Y.2d 455, 458-459, 611 N.Y.S.2d 118, 633 N.E.2d 472 [1994]; People v. Pavao, 59 N.Y.2d 282, 292, 464 N.Y.S.2d 458, 451 N.E.2d 216 [1983] ).
Defendant's generalized objections did not preserve his challenges to the prosecutor's summation comments (see People v. Tevaha, 84 N.Y.2d 879, 620 N.Y.S.2d 786, 644 N.E.2d 1342 [1994] ), and we decline to review them in the interest of justice. As an alternative holding, we also reject them on the merits (see People v. Overlee, 236 A.D.2d 133, 666 N.Y.S.2d 572 [1997], lv. denied 91 N.Y.2d 976, 672 N.Y.S.2d 855, 695 N.E.2d 724 [1998]; People v. D'Alessandro, 184 A.D.2d 114, 118-119, 591 N.Y.S.2d 1001 [1992], lv. denied 81 N.Y.2d 884, 597 N.Y.S.2d 945, 613 N.E.2d 977 [1993] ).
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Decided: April 16, 2009
Court: Supreme Court, Appellate Division, First Department, New York.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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