The People of the State of New York, Respondent, v. Rafael Rodriguez, Defendant–Appellant. (2017)

Supreme Court, Appellate Division, First Department.

The People of the State of New York, Respondent, v. Rafael Rodriguez, Defendant–Appellant.

4499

Decided: September 26, 2017

Friedman, J.P., Richter, Moskowitz, Gesmer, JJ.

Seymour W. James, Jr., The Legal Aid Society, New York (Jeffrey Dellheim of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Paul A. Andersen of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Patricia Anne Williams, J.), rendered October 17, 2013, convicting defendant, after a nonjury trial, of attempted assault in the third degree, and sentencing him to a term of 75 days, unanimously affirmed.

The court properly exercised its discretion in admitting evidence of defendant's prior threatening acts against the victim. This evidence was relevant to the issues of motive and intent, and it provided background material relating to the acrimonious relationship between defendant and the victim and the events leading up to the incident in question (see People v. Leeson, 12 NY3d 823, 827 [2009]; People v. Dorm, 12 NY3d 16, 19 [2009] ). Any prejudicial effect was outweighed by probative value. Moreover, the court at this nonjury trial is “presumedcapable of disregarding the prejudicial aspect of the evidence” (People v. Tong Khuu, 293 A.D.2d 424, 425 [1st Dept 2002], lv denied 98 N.Y.2d 714 [2002] ).

CLERK

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