PEOPLE v. DODSON (1997)

Appeal by the defendant from a judgment of the County Court, Rockland County (Kelly, J.), rendered August 7, 1995, convicting him of attempted murder in the second degree (two counts), assault in the first degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and criminal possession of a weapon in the third degree and criminal sale of a firearm in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Evidence that the defendant sold a gun to an undercover officer was introduced to explain the defendant's motive for shooting the two complainants, whom the defendant believed had “set [him] up”.   Since the evidence was probative of motive (see, People v. Molineux, 168 N.Y. 264, 61 N.E. 286), provided relevant background information, completed the narrative of events (see, People v. Montanez, 41 N.Y.2d 53, 58, 390 N.Y.S.2d 861, 359 N.E.2d 371), and was inextricably interwoven with the offenses charged (see, People v. Vails, 43 N.Y.2d 364, 368-369, 401 N.Y.S.2d 479, 372 N.E.2d 320), we find no improvident exercise of discretion in allowing this evidence to be introduced (see, People v. Zorilla, 211 A.D.2d 582, 622 N.Y.S.2d 31).   The probative value of the evidence outweighed the potential for undue prejudice (see, People v. Alvino, 71 N.Y.2d 233, 241-242, 525 N.Y.S.2d 7, 519 N.E.2d 808).

The sentence imposed was neither illegal nor excessive (see, People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675;  People v. Truesdell, 70 N.Y.2d 809, 811, 523 N.Y.S.2d 429, 517 N.E.2d 1315;  People v. Diaz, 210 A.D.2d 248, 249, 619 N.Y.S.2d 343).

The defendant's remaining contention is without merit (see, People v. Baldi, 54 N.Y.2d 137, 146, 444 N.Y.S.2d 893, 429 N.E.2d 400;  People v. Roman, 35 N.Y.2d 978, 979, 365 N.Y.S.2d 527, 324 N.E.2d 885).

MEMORANDUM BY THE COURT.