PEOPLE v. CABRERA

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Supreme Court, Appellate Division, Second Department, New York.

The PEOPLE, etc., Respondent, v. Dorian CABRERA, Appellant.

Decided: April 28, 1997

Before ROSENBLATT, J.P., and MILLER, THOMPSON and FRIEDMANN, JJ. Daniel L. Greenberg, New York City (JoJo Annobil, of counsel), for appellant. Dorian Cabrera, pro se. Charles J. Hynes, District Attorney, Brooklyn (Roseann B. MacKechnie and Joyce Slevin, of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Egitto, J.), rendered December 8, 1994, convicting him of attempted assault in the first degree (two counts), criminal possession of a weapon in the second degree (two counts), criminal possession of a weapon in the third degree (two counts), and one count of unlawful wearing of a body vest, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Evidence of crimes committed by the deceased codefendant was properly admitted against the defendant.   It was offered as background material to complete a narrative of the incident at issue (see, People v. Figueroa, 211 A.D.2d 811, 622 N.Y.S.2d 87;  People v. Liberatore, 167 A.D.2d 425, 426, 561 N.Y.S.2d 832), was intrinsically interwoven with the incident out of which the charges against the defendant arose, and directly related to the crimes charged (see, People v. Crandall, 67 N.Y.2d 111, 116, 500 N.Y.S.2d 635, 491 N.E.2d 1092).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are unpreserved for appellate review or without merit.

MEMORANDUM BY THE COURT.

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