Opinion
June 9, 1998
Appeal from the Supreme Court, Bronx County (Nicholas Iacovetta, J.).
The court properly permitted the prosecution to elicit testimony that, in the past, defendant had slapped his girlfriend on many occasions and that about one month before she was found dead, defendant had threatened to kill her. This testimony was probative of defendants motive and inextricably interwoven with evidence bearing upon defendants identity as the assailant ( see, People v. LaFrance, 182 A.D.2d 598, lv denied 80 N.Y.2d 905; People v. Alvino, 71 N.Y.2d 233). The probative value of the testimony exceeded the potential for prejudice, and the courts repeated and thorough instruction, to the jury regarding the limited purpose of the testimony avoided any prejudicial effect.
Concur — Sullivan, J. P., Rosenberger, Wallach and Andrias, JJ.