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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DIOSADADO RODRIGUEZ, Appellant.

Judgment unanimously affirmed. Memorandum: Defendant was convicted following a jury trial of murder in the second degree (Penal Law § 125.25) arising out of an incident in which defendant fired a single fatal shot at the victim. We reject defendant's contention that County Court erred in admitting evidence of a prior uncharged crime. Proof that defendant previously fired shots at the victim was admissible to establish defendant's intent ( see, People v. Alvino, 71 N.Y.2d 233, 242; People v. Ingram, 71 N.Y.2d 474, 479; People v. Wright, 167 A.D.2d 959, 960, lv denied 77 N.Y.2d 845) and "to complete the narrative of events to assist the jury in its comprehension of the crime" ( People v. Hamid, 209 A.D.2d 716, 717, lv denied 87 N.Y.2d 973; see, People v. Till, 87 N.Y.2d 835, 837).

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PEOPLE v. RODRIGUEZ
(Nov 13, 1998)