PEOPLE v. TINGLING (2005)

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

The PEOPLE of the State of New York, Respondent, v. Mario TINGLING, Defendant-Appellant.

Decided: September 29, 2005

FRIEDMAN, J.P., SULLIVAN, NARDELLI, GONZALEZ, SWEENY, JJ.

Robert S. Dean, Center for Appellate Litigation, New York (Lisa Lewis of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York (Madeleine Guilmain of counsel), for respondent.

Judgment, Supreme Court, New York County (John A.K. Bradley, J.), rendered November 12, 2003, convicting defendant, after a jury trial, of promoting prostitution in the second degree and endangering the welfare of a child, and sentencing him, as a second felony offender, to concurrent terms of 7 1/212 to 15 years and 1 year, unanimously affirmed.

The court properly exercised its discretion in admitting the uncharged crimes evidence challenged by defendant on appeal since it went directly to the issue of whether defendant knowingly advanced or profited from prostitution, as required by Penal Law § 230.30. We do not find this evidence to be cumulative or unduly prejudicial (see People v. Alvino, 71 N.Y.2d 233, 245, 525 N.Y.S.2d 7, 519 N.E.2d 808 [1987] ).

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