Torts · MBE-tested
The People of the State of New York, Respondent, v. Charles Sturdivant, Appellant
269 A.D.2d 549703 N.Y.S.2d 726·New York Supreme Court, Appellate Division·2000·NY
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
The People of the State of New York, Respondent, v Charles Sturdivant, Appellant.
[703 NYS2d 726]
[MAJORITY]
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Martin, J.), rendered February 18, 1997, convicting him of assault in the first degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Under the circumstances of this case, the admission into evidence of the uncharged crime of criminal sale of a controlled substance was relevant to the defendant’s motive, and the probative value of this evidence outweighed its potential for prejudice (see, People v Maher, 224 AD2d 549, affd 89 NY2d 456; People v Burton, 224 AD2d 438, 439; People v Hamid, 209 AD2d 716; People v McDowell, 191 AD2d 515). Further, the testimony that the defendant was a drug dealer was relevant to establish the relationship between the complainant, the eyewitness, and the defendant (see, People v Artis, 220 AD2d 441).
The defendant’s remaining contentions are either unpreserved for appellate review (see, CPL 470.05 [2]), or without merit. Ritter, J. P., Altman, Luciano and Feuerstein, JJ., concur..