From Casetext: Smarter Legal Research

People v. Sanchez

Appellate Division of the Supreme Court of New York, Second Department
May 18, 2010
73 A.D.3d 1093 (N.Y. App. Div. 2010)

Opinion

No. 2007-01523.

May 18, 2010.

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Peck, J.), rendered January 18, 2007, convicting him of murder in the second degree and tampering with physical evidence, upon a jury verdict, and imposing sentence.

Joseph A. Hanshe, Sayville, N.Y., for appellant, and appellant pro se.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Tammy J. Smiley and Sarah S. Rabinowitz of counsel), for respondent.

Before: Mastro, J.P., Santucci, Belen and Chambers, JJ.


Ordered that the judgment is affirmed.

The defendant's claim that he was deprived of a fair trial when the Supreme Court permitted the prosecutor to introduce evidence of his prior bad acts is preserved for appellate review ( see CPL 470.05). Contrary to the defendant's contention, however, the Supreme Court properly weighed the probative value of the prior bad act evidence against any prejudice to him ( see People v Molineux, 168 NY 264; see also People v Ventimiglia, 52 NY2d 350). Moreover, the Supreme Court properly admitted evidence of the defendant's prior acts of domestic violence against the victim as probative of the relationship between him and the victim and probative of the defendant's motive or intent to murder the victim ( see People v James, 19 AD3d 616; People v Gorham, 17 AD3d 858; People v Poquee, 9 AD3d 781; People v Bierenbaum, 301 AD2d 119, cert denied 540 US 821; People v Howard, 285 AD2d 560).

The defendant's arguments alleging ineffective assistance of counsel, as set forth in his main brief and in his supplemental pro se brief, are without merit ( see People v Baldi, 54 NY2d 137, 146-147).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are without merit or do not require reversal.


Summaries of

People v. Sanchez

Appellate Division of the Supreme Court of New York, Second Department
May 18, 2010
73 A.D.3d 1093 (N.Y. App. Div. 2010)
Case details for

People v. Sanchez

Case Details

Full title:THE PEOPLE OF THE STATE OP NEW YORK, Respondent, v. EDGAR SANCHEZ…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 18, 2010

Citations

73 A.D.3d 1093 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 4425
900 N.Y.S.2d 679

Citing Cases

Sanchez v. Rock

The court held: (1) the trial court, in according with Molineux and Ventimiglia, "properly weighed the…

People v. Williams

In any event, the record demonstrates that the police had probable cause to arrest the defendant (seePeople…