Opinion
330
March 15, 2002.
Appeal from a judgment of Supreme Court, Monroe County (Fisher, J.), entered January 20, 2000, convicting defendant after a jury trial of, inter alia, rape in the second degree (two counts).
Edward J. Nowak, Public Defender, Rochester (Elizabeth Clarke of counsel), for defendant-appellant.
Howard R. Relin, District Attorney, Rochester (Amy I. Molloy of counsel), for plaintiff-respondent.
PRESENT: GREEN, J.P., HAYES, HURLBUTT, KEHOE, AND BURNS, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
We reject defendant's contention that Supreme Court erred in allowing the prosecutor to elicit evidence concerning uncharged crimes or prior bad acts without seeking a Ventimiglia ruling. Testimony that defendant possessed a shotgun and a rifle at the apartment he shared with the complainant is not evidence of an uncharged crime absent further proof that his possession of those items was illegal ( see, People v. Brown, 277 A.D.2d 974, lv denied 96 N.Y.2d 756; People v. Powell, 209 A.D.2d 879, 881, lv denied 84 N.Y.2d 1037). "[M]ere speculation that a jury may discern something sinister about a defendant's behavior does not render such behavior an uncharged crime" ( People v. Enoch, 221 A.D.2d 253, 254, lv denied 88 N.Y.2d 965). In any event, evidence of defendant's possession of those weapons was relevant only to the element of forcible compulsion in the two counts charging rape in the first degree (Penal Law § 130.35), and defendant's acquittal of those counts renders any error in admitting that evidence harmless ( see, People v. Dukes, 256 A.D.2d 1181, lv denied 93 N.Y.2d 872).