Appellate Division of the Supreme Court of New York, 1998

People v. Brown

People v. Brown
Appellate Division of the Supreme Court of New York · Decided April 27, 1998
249 A.D.2d 556; 671 N.Y.S.2d 342
People v. Brown

Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gerges, J.), rendered September 5, 1995, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

*557Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review his contention that reversal is required because of the admission of testimony, inter alia, that there had been a prior altercation between the defendant and the victim (see, CPL 470.05; People v Udzinski, 146 AD2d 245). In any event, the court did not err in admitting such testimony into evidence (see, People v Hudy, 73 NY2d 40, 55; People v Molineux, 168 NY 264; People v Bowden, 157 AD2d 789). Any potential prejudice was mitigated by the limiting instructions that were given at the time of the admission of the testimony (see, People v Berg, 59 NY2d 294; People v Baez, 197 AD2d 527).

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Ritter, J. P., Sullivan, Krausman and Luciano, JJ., concur.

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