PEOPLE v. RODRIGUEZ (2018)

Judgment, Supreme Court, New York County (Robert M. Stolz, J.), rendered November 7, 2013, convicting defendant, after a jury trial, of attempted murder in the second degree, assault in the first degree (two counts), attempted assault in the first degree, criminal possession of a weapon in the second degree (two counts) and reckless endangerment in the first degree, and sentencing him to an aggregate term of 22 years, unanimously affirmed.

Defendant's challenge to evidence of an uncharged crime is unpreserved, and we decline to review in the interest of justice.  As an alternative holding, we find that the court providently exercised its discretion in admitting evidence of a prior altercation involving defendant and one of the victims where defendant displayed a firearm and threatened the victim.  This evidence was highly probative background evidence that tended to explain the contentious relationship between defendant and the victim, helped establish a motive for defendant's behavior, placed the events in a believable context, and refuted defendant's defense (see e.g. People v. Dorm, 12 N.Y.3d 16, 874 N.Y.S.2d 866, 903 N.E.2d 263 [2009];  People v. Steinberg, 170 A.D.2d 50, 72–74, 573 N.Y.S.2d 965 [1st Dept. 1991], affd 79 N.Y.2d 673, 584 N.Y.S.2d 770, 595 N.E.2d 845 [1992] ).  The probative value of the evidence exceeded any prejudicial effect, which was minimized by the court's instructions.