58 A.D.3d 750
N.Y. App. Div.
2009

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JOHN GIUCA, Appellant.

Supreme Court, Appellate Division, Second Department, New York

[871 NYS2d 709]

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marras, J.), rendered October 19, 2005, convicting him of murder in the second degree, robbery in the first degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant‘s contention, the trial court properly allowed the People to elicit evidence that the defendant possessed a .38-caliber handgun shortly before the decedent was shot, and properly refused to strike testimony suggesting that the gang to which the defendant belonged wanted its members to commit homicides. This evidence was relevant to show motive and intent (see People v Alvino, 71 NY2d 233, 241-242 [1987]; People v Martinez, 53 AD3d 508, 509 [2008]; People v Jean, 297 AD2d 821, 822 [2002]), and its probative value outweighed any prejudice to the defendant.