People v Perkins

People v Perkins 2012 NY Slip Op 07704 Decided on November 14, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 14, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
RANDALL T. ENG, P.J.
MARK C. DILLON
PLUMMER E. LOTT
JEFFREY A. COHEN, JJ.
2009-04504
(Ind. No. 12092/07)

[*1]The People of the State of New York, respondent,

v

Gerald Perkins, appellant.




Lynn W. L. Fahey, New York, N.Y. (John Gemmill of counsel), for
appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard
Joblove, Ruth E. Ross, and Marie
John-Drigo of counsel), for
respondent.


DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered April 8, 2009, convicting him of criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The Supreme Court providently exercised its discretion in permitting the People to elicit evidence of prior bad acts. The evidence was properly admitted as relevant background material and to establish the defendant's motive and intent in the commission of the charged crime (see People v Dorm, 12 NY3d 16; People v Alvino, 71 NY2d 233, 242; People v Genyard, 84 AD3d 1398, 1400; People v Patten, 43 AD3d 964; People v Grayson, 35 AD3d 881; People v Collins, 220 AD2d 610, 611; People v Cedeno, 175 AD2d 767, 769).
ENG, P.J., DILLON, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court