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The PEOPLE, etc., respondent, v. James WASHINGTON, appellant.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rotker, J.), rendered June 17, 2004, convicting him of manslaughter in the first degree and criminal possession of a weapon in the third degree, after a nonjury trial, and imposing sentence.
ORDERED that the judgment is affirmed.
Where a defendant charged with a homicide relies on the justification defense, evidence of a decedent's prior specific criminal acts of violence, of which the defendant had knowledge, are admissible provided that the acts were reasonably related to the crime with which the defendant was charged (see People v. Reynoso, 73 N.Y.2d 816, 818, 537 N.Y.S.2d 113, 534 N.E.2d 30; People v. Miller, 39 N.Y.2d 543, 551, 384 N.Y.S.2d 741, 349 N.E.2d 841; People v. Fore, 33 A.D.3d 932, 932-933, 826 N.Y.S.2d 289; People v. Santiago, 211 A.D.2d 734, 622 N.Y.S.2d 70). Here, the trial court providently exercised its discretion in limiting the evidence of the decedent's prior specific criminal acts of violence (see People v. Miller, 39 N.Y.2d at 551-552, 384 N.Y.S.2d 741, 349 N.E.2d 841; People v. Fore, 33 A.D.3d at 933, 826 N.Y.S.2d 289; People v. Santiago, 211 A.D.2d at 734-735, 622 N.Y.S.2d 70; People v. Dupigney, 156 A.D.2d 709, 549 N.Y.S.2d 172). Moreover, the excluded evidence would have been merely cumulative (see People v. Ross, 197 A.D.2d 713, 714, 602 N.Y.S.2d 919).
The defendant's remaining contentions are without merit.
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Decided: October 23, 2007
Court: Supreme Court, Appellate Division, Second Department, New York.
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