Opinion
January 7, 1999.
Appeal from the Supreme Court, New York County (Charles Tejada, J.).
The court properly admitted testimony regarding the murder victim's espoused intention to terminate her relationship with, and stay away from, defendant. The testimony went to the victim's state of mind, and was, in turn, relevant to the issue of the motive of defendant, who was aware of the victim's attitude, to kill the victim ( see, People v. Malizia, 92 A.D.2d 154, affd 62 N.Y.2d 755, cert denied 469 U.S. 932), and there was no impermissible hearsay declaration of defendant's intent ( compare, People v. Slaughter, 189 A.D.2d 157, 160, lv denied 81 N.Y.2d 1080). Defendant's claim that this testimony suggested prior violent acts rests entirely on speculation. In any event, were we to find any error in receipt of this testimony, we would find it to be harmless.
We perceive no abuse of sentencing discretion.
Concur — Sullivan, J.P., Rosenberger, Williams and Saxe, JJ.