PEOPLE v. HARDY

Evidence that defendant previously threatened the victim for several years during their relationship, and that as a result she gave him part of her paycheck each month, was properly admitted as background evidence to establish the victim's state of mind during the instant crime, which was clearly at issue ( see, People v. Fay, 85 A.D.2d 512). Defendant's claim that evidence of his prior drug use deprived him of a fair trial is unpreserved, where the court explicitly told the jury to disregard such evidence and defendant did not object to that instruction or request a mistrial. It is presumed the jury followed the court's instructions ( see, supra).

Concur — Murphy, P.J., Ross, Tom and Mazzarelli, JJ.