PEOPLE v. MALAVE


60 A.D.3d 410 (2009)

873 N.Y.S.2d 636

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN MALAVE, Appellant.

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

Decided March 3, 2009.


The court properly exercised its discretion in admitting evidence of the facts underlying two of the prior orders of protection that had been issued to the victim. This evidence was relevant to elements of the crimes charged, and its probative value outweighed any prejudicial effect, which was minimized by the court's thorough limiting instructions. One of the trial issues was whether defendant's possession and display of a hammer, which remained in his waistband during the...

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