Opinion
March 22, 1999
Appeal from the Supreme Court, Kings County (Martin, J.).
Ordered that the judgment is affirmed.
It is well established that evidence of uncharged crimes is inadmissible where it is offered solely to raise an inference that a defendant has a criminal propensity (see, People v. Alvino, 71 N.Y.2d 233, 241). Such evidence, however, may be received if it is probative of a well-recognized exception (see, People v. Molineux, 168 N.Y. 264) or if it helps establish some element of the crime under consideration (see, People v. Alvino, supra, at 241; People v. Lewis, 69 N.Y.2d 321, 325), and where its probative value outweighs the potential for prejudice resulting to the defendant (see, People v. Alvino, supra, at 241-242).
The defendant correctly contends that the two proffered instances of his prior physical abuse towards his mother were improperly admitted (see, People v. Molineux, 168 N.Y. 264, 294, supra; People v. Alvino, supra; People v. Robinson, 68 N.Y.2d 541). However, the errors were harmless (see, People v. Crimmins, 36 N.Y.2d 230) in view of the overwhelming evidence of the defendant's guilt, including the strong corroborating testimony of two neighbors who overheard the altercation and observed the defendant holding his mother in a headlock.
Bracken, J. P., Sullivan, Altman and McGinity, JJ., concur.