People v. Sutton

• Decision Date: 23 October 1995
• Citation: 220 A.D.2d 705,632 N.Y.S.2d 978
• Parties: The PEOPLE, etc., Respondent, v. Walter SUTTON, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 978

632 N.Y.S.2d 978

220 A.D.2d 705

The PEOPLE, etc., Respondent, v. Walter SUTTON, Appellant.

Supreme Court of New York, Appellate Division, Second Department.

Oct. 23, 1995.

Anthony N. Iannarelli, Jr., New York City, for appellant.

Michael E. Bongiorno, District Attorney, New City (Lisa Cohen, of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Rockland County (Nelson, J.), rendered December 1, 1992, convicting him of manslaughter in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The testimony concerning the defendant's uncharged crime and the introduction of the domestic violence form were relevant and material to explaining a motive and intent for the subsequent homicide (see, People v. Hutchinson, 179 A.D.2d 679, 579 N.Y.S.2d 109; People v. Hill, 163 A.D.2d 813, 558 N.Y.S.2d 345; People v. Roides, 124 A.D.2d 967, 508 N.Y.S.2d 826).

The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).

The defendant's remaining contentions are unpreserved for appellate review, without merit, or relate to errors that are harmless.

SULLIVAN, J.P., and MILLER, COPERTINO and GOLDSTEIN, JJ., concur.