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PEOPLE v. DYES

Appellate Division of the Supreme Court of New York, Second Department.
Jul 7, 1986

Judgment affirmed.

The trial court did not abuse its discretion when it permitted the victim's children to testify that they had witnessed incidents in which the defendant threatened and menaced their mother in the months before her murder. Evidence of such conduct by the defendant was relevant to prove his motive and intent (see, People v Ventimiglia, 52 N.Y.2d 350; People v Molineux, 168 N.Y. 264; People v Connally, 105 A.D.2d 797; see also, People v Jones, 99 N.Y. 667). Due to the circumstantial nature of the evidence, proof of motive assumed great importance (see, People v Moore, 42 N.Y.2d 421, cert denied 434 U.S. 987). Thompson, J.P., Rubin, Eiber and Spatt, JJ., concur.