PEOPLE v. HUCKS (2002)

 We reject defendant's contention that Supreme Court erred in allowing the prosecutor to elicit evidence concerning uncharged crimes or prior bad acts without seeking a Ventimiglia ruling.   Testimony that defendant possessed a shotgun and a rifle at the apartment he shared with the complainant is not evidence of an uncharged crime absent further proof that his possession of those items was illegal (see, People v. Brown, 277 A.D.2d 974, 716 N.Y.S.2d 504, lv. denied 96 N.Y.2d 756, 725 N.Y.S.2d 282, 748 N.E.2d 1078;  People v. Powell, 209 A.D.2d 879, 881, 619 N.Y.S.2d 788, lv. denied 84 N.Y.2d 1037, 623 N.Y.S.2d 193, 647 N.E.2d 465).  “[M]ere speculation that a jury may discern something sinister about a defendant's behavior does not render such behavior an uncharged crime” (People v. Enoch, 221 A.D.2d 253, 254, 634 N.Y.S.2d 65, lv. denied 88 N.Y.2d 965, 647 N.Y.S.2d 719, 670 N.E.2d 1351).   In any event, evidence of defendant's possession of those weapons was relevant only to the element of forcible compulsion in the two counts charging rape in the first degree (Penal Law § 130.35[1] ), and defendant's acquittal of those counts renders any error in admitting that evidence harmless (see, People v. Dukes, 256 A.D.2d 1181, 684 N.Y.S.2d 716, lv. denied 93 N.Y.2d 872, 689 N.Y.S.2d 434, 711 N.E.2d 648).

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

MEMORANDUM: