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PEOPLE v. CHAM

Appellate Division of the Supreme Court of New York, Second Department.
Mar 1, 1999
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Ordered that the judgment is affirmed.

The defendant's contention that evidence of uncharged criminal acts relating to his drug dealing activities was improperly admitted into evidence is unpreserved for appellate review ( see, CPL 470.05). In any event, this evidence was relevant to the defendant's motive and intent, and the trial court gave a curative instruction which alleviated any potential prejudice to the defendant arising from the admission of evidence of the uncharged criminal acts ( see, People v. Caban, 224 A.D.2d 705; People v. Santiago, 52 N.Y.2d 865). Since the probative value of this evidence outweighed its potential for prejudice, it was admissible ( see, People v. Maher, 224 A.D.2d 549, affd 89 N.Y.2d 456).

Contrary to the defendant's contention, he was not denied the effective assistance of counsel ( see, People v. Benevento, 91 N.Y.2d 708; People v. Flores, 84 N.Y.2d 184, 187).

Miller, J. P., Thompson, Friedmann and Florio, JJ., concur.