PEOPLE v. BROWN (1999)

Appeal by the defendant from a judgment of the County Court, Suffolk County (Weissman, J.), rendered June 13, 1996, convicting him of rape in the first degree, sodomy in the first degree, and burglary in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The complainant's testimony that the defendant had killed his son-in-law several years before he raped and sodomized her and that the defendant had previously exhibited abusive behavior towards her was properly admitted to establish her state of mind for the purpose of proving the forcible compulsion element of these crimes (see, People v. Cook, 93 N.Y.2d 840, 688 N.Y.S.2d 89, 710 N.E.2d 654;  People v. George, 197 A.D.2d 588, 602 N.Y.S.2d 643).   We agree with the County Court that the probative value of this testimony outweighed its prejudicial effect (see, People v. Ely, 68 N.Y.2d 520, 510 N.Y.S.2d 532, 503 N.E.2d 88;  see also, People v. Thompson, 158 A.D.2d 563, 551 N.Y.S.2d 332).

The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675;  see also, People v. Davis, 238 A.D.2d 517, 657 N.Y.S.2d 924).

The defendant's remaining contentions are either unpreserved for appellate review (see, CPL 470.05[2] ) or without merit (see, People v. Mathis, 150 A.D.2d 613, 543 N.Y.S.2d 267;  People v. Mehmedi, 69 N.Y.2d 759, 513 N.Y.S.2d 100, 505 N.E.2d 610).

MEMORANDUM BY THE COURT.