Decided On : 6/9/2016
AD1 order dated December 11, 2014, affirming judgment of conviction. Decision below: 123 A.D.3d 504, 1 NYS3d 23. Pigott, J., granted leave May 22, 2015. To be argued May 4, 2016.
ISSUE PRESENTED: Evidence of prior assault by defendant on victim to “complete the narrative” and as probative of “motive”: whether the attempted murder victim’s detailed narrative of the prior assault deprived defendant of a fair trial. (Assigned counsel: Seymour James, Jr., Legal Aid Society, Criminal Appeals Bureau, 199 Water St. NYC 10038.)