Opinion
February 2, 1990
Appeal from the Oneida County Court, Murad, J.
Present — Denman, J.P., Boomer, Pine, Balio and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting her of manslaughter in the second degree and endangering the welfare of a child stemming from the death by manual strangulation of her five-year-old daughter. She had also been charged with intentional and depraved indifference murder. We reject defendant's contention that she was denied a fair trial by testimony concerning her prior physical and verbal abuse of her children, most of which was offered without objection. Such testimony was admissible under People v Molineux ( 168 N.Y. 264, 293) because, although such testimony was prejudicial, it also was highly relevant to prove intent, motive, and absence of mistake or accident, and because the probative value of the testimony outweighed its prejudicial effect (see, People v Hudy, 73 N.Y.2d 40, 55).
We have examined defendant's remaining arguments on appeal and find that none has merit.