Appellate Division of the Supreme Court of New York, 2001

People v. Lee

Appellate Division of the Supreme Court of New York · Decided June 11, 2001

284 A.D.2d 412; 726 N.Y.S.2d 284; 2001 N.Y. App. Div. LEXIS 6097

Cases that cite this one

7 later published cases cite this decision.

Baker v. Kirkpatrick (District Court, W.D. New York 2011)
Carter v. Leroy Fields, Supt. (District Court, E.D. New York 2020)
People v. Martinez (Appellate Division of the Supreme Court of New York 2008)
People v. Fowler (Appellate Division of the Supreme Court of New York 2007)
People v. Jean (Appellate Division of the Supreme Court of New York 2002)
People v. Bierenbaum (Appellate Division of the Supreme Court of New York 2002)
People v. Jones (Appellate Division of the Supreme Court of New York 2001)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Greenberg, J.), rendered January 5, 1998, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The Supreme Court properly permitted the People to introduce evidence relating to the defendant’s prior assault against the victim. It is well settled that “where the evidence of prior, uncharged criminal conduct has a bearing upon a material aspect of the People’s case other than the accused’s general propensity toward criminality * * * the probative value of the evidence justifies its admission, notwithstanding the potential for incidental prejudice” (People v Santarelli, 49 NY2d 241, 247; see also, People v Alvino, 71 NY2d 233). Despite the defendant’s contention, evidence that he previously assaulted the victim was admissible to establish his motive and intent (see, People v Molineux, 168 NY 264; People v Hamid, 209 AD2d 716; People v Montana, 192 AD2d 623; People v Vita, 184 AD2d 742; People v Carver, 183 AD2d 907).

The sentence imposed was not excessive (see, People v Suitte, 90 AD2d 80).

*413The defendant’s remaining contentions are unpreserved for appellate review or without merit. Ritter, J. P., S. Miller, Friedmann and Crane, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.