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PEOPLE v. GEORGE

Appellate Division of the Supreme Court of New York, Second Department.
Mar 18, 2002
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ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the trial court properly admitted evidence that she was arrested for the instant crime at the office of her probation officer. Evidence of a defendant's prior bad acts is admissible if it is relevant to a material issue at trial and its probative value outweighs its potential for prejudice (see, People v. Alvino, 71 N.Y.2d 233). In this case, the evidence was introduced as background material needed to complete the narrative (see, People v. Brown, 239 A.D.2d 429; People v. Reyes, 162 A.D.2d 357).

The defendant's remaining contentions are either unpreserved for appellate review (see, CPL 470.05; People v. Tardbania, 72 N.Y.2d 852; People v. Nuccie, 57 N.Y.2d 818) or without merit.

FLORIO, J.P., S. MILLER, McGINITY and ADAMS, JJ., concur.