PEOPLE v. OLIVER (2005)

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered March 19, 2003, convicting him of manslaughter in the second degree, assault in the first degree (two counts), and gang assault in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

 Testimony regarding the defendant's membership in a gang was properly admitted since such evidence was relevant to motive and intent, and explained the sequence of events and the relationship between the defendant and the codefendant, and the complainants (see People v. Newby, 291 A.D.2d 460, 738 N.Y.S.2d 355;  People v. Herrera, 287 A.D.2d 579, 731 N.Y.S.2d 653;  People v. Pacheco, 265 A.D.2d 347, 696 N.Y.S.2d 680).   Its probative value outweighed its potential prejudice, and the trial court alleviated any prejudice to the defendant by sustaining his objections and providing appropriate curative instructions to the jury (see People v. Newby, supra;   People v. Cham, 259 A.D.2d 492, 684 N.Y.S.2d 878).   To the extent that any alleged inappropriate remark remained unaddressed, it was harmless in light of the overwhelming evidence of the defendant's guilt (see People v. Crimmins, 36 N.Y.2d 230, 367 N.Y.S.2d 213, 326 N.E.2d 787;  People v. Bernard, 224 A.D.2d 192, 637 N.Y.S.2d 692).