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PEOPLE v. AVENTURA

181 A.D.2d 452 (1992)

The People of the State of New York, Respondent, v. Jose Aventura, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 5, 1992

Defendant's arguments that he was prejudiced by the introduction of background testimony and the court's identification charge are unpreserved (CPL 470.05 [2]; People v Leisner, 73 N.Y.2d 140, 147). Were we to reach them in the interest of justice, we would find that the background information did not impermissibly suggest a propensity on defendant's part to commit the crimes charged or show that he had committed other crimes. The...

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