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STATE v. WASHINGTON

Appellate Division of the Supreme Court of New York, Second Department.
Oct 23, 2007
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Ordered that the judgment is affirmed.

Where a defendant charged with a homicide relies on the justification defense, evidence of a decedent's prior specific criminal acts of violence, of which the defendant had knowledge, are admissible provided that the acts were reasonably related to the crime with which the defendant was charged ( see People v Reynoso, 73 NY2d 816, 818; People v Miller, 39 NY2d 543, 551; People v Fore, 33 AD3d 932, 932-933; People v Santiago, 211 AD2d 734). Here, the trial court providently exercised its discretion in limiting the evidence of the decedent's prior specific criminal acts of violence ( see People v Miller, 39 NY2d at 551-552; People v Fore, 33 AD3d at 933; People v Santiago, 211 AD2d at 734-735; People v Dupigney, 156 AD2d 709). Moreover, the excluded evidence would have been merely cumulative ( see People v Ross, 197 AD2d 713, 714).

The defendant's remaining contentions are without merit.