People v. Lazaro
| Citation | 5 N.Y.S.3d 195,2015 N.Y. Slip Op. 01670,125 A.D.3d 1007 |
| Parties | The PEOPLE, etc., respondent, v. Nayely LAZARO, appellant. |
| Decision Date | 25 February 2015 |
| Court | New York Supreme Court Appellate Division |
125 A.D.3d 1007
5 N.Y.S.3d 195
2015 N.Y. Slip Op. 01670
The PEOPLE, etc., respondent
v.
Nayely LAZARO, appellant.
Supreme Court, Appellate Division, Second Department, New York.
Feb. 25, 2015.
Lynn W.L. Fahey, New York, N.Y. (Jenin Younes of counsel), for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Lori Glachman, and Claibourne Henry of counsel), for respondent.
MARK C. DILLON, J.P., JOHN M. LEVENTHAL, CHERYL E. CHAMBERS, and SHERI S. ROMAN, JJ.
Opinion
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Riviezzo, J.), rendered December 11, 2012, convicting her of assault in the second degree and assault in the third degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant was not deprived of a fair trial by the admission into evidence of expert testimony regarding the identifiers and practices of a certain gang, as that evidence was probative of the defendant's motive and provided necessary background to explain to the jury the relationship between the defendant, the codefendant, and the complainants (see People v. Guevara, 96 A.D.3d 781, 948 N.Y.S.2d 70 ; People v. Cruz, 46 A.D.3d 567, 846 N.Y.S.2d 376 ; People v. Ramirez, 23 A.D.3d 500, 501, 805 N.Y.S.2d 617 ; People v. Filipe, 7 A.D.3d 539, 540, 776 N.Y.S.2d 94 ). The probative value of this evidence outweighed any prejudice to the defendant (see
People v. Guevara, 96 A.D.3d 781, 948 N.Y.S.2d 70 ; People v. Cruz, 46 A.D.3d 567, 846 N.Y.S.2d 376 ; People v. Ramirez, 23 A.D.3d at 501, 805 N.Y.S.2d 617 ).
The defendant's claim that the evidence was legally insufficient to support her conviction of assault in the second degree, based upon accessorial liability, is unpreserved for...
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