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THE PEOPLE, ETC., RESPONDENT, v. THOMAS CORELLA, APPELLANT.

DECISION ORDER

ORDERED that the judgment is affirmed.

We reject the defendant's contention that the trial court erred in permitting testimony concerning a prior uncharged crime. Since the defendant claimed that he acted in self-defense, the issue of his motive was significant. Thus, while the proffered evidence was potentially prejudicial to the defendant's case, it was highly probative in showing that the stabbing was intentional (see, People v. Hawker, 215 A.D.2d 499; People v. Wheeler, 257 A.D.2d 673). Further, any prejudice was minimized by the trial court's instruction to the jury that the evidence was to be considered only on the issues of whether the defendant was the initial aggressor, and whether he was the first to use deadly force (see, People v. Engler, 150 A.D.2d 827).

The defendant's remaining contentions are without merit.

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PEOPLE v. CORELLA
(Mar 5, 2001)