Opinion
2000-02602
Submitted May 20, 2002.
June 10, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), rendered March 9, 2000, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Lynn W.L. Fahey, New York, N.Y. (Barry Stendig of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N Y (Leonard Joblove, Shulamit Rosenblum, and Dahlia Fredericks of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., MYRIAM J. ALTMAN, GLORIA GOLDSTEIN, DANIEL F. LUCIANO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the testimony adduced by the People established his involvement in the uncharged crime of selling marijuana. This testimony was properly admitted as it was highly probative of the defendant's motive for committing the murder (see People v. Porter, 256 A.D.2d 363, 364; People v. Collins, 220 A.D.2d 610, 611; People v. Moore, 213 A.D.2d 496). Accordingly, the trial court properly denied the defendant's request for a mistrial or to strike the testimony.
SANTUCCI, J.P., ALTMAN, GOLDSTEIN and LUCIANO, JJ., concur.