People v Fuentes, 2017 NY Slip Op 01709 [148 AD3d 824]

March 8, 2017

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Delor Fuentes, Appellant.

Lynn W. L. Fahey, New York, NY (Angad Singh of counsel), for appellant.

Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove, Victor Barall, and Davis Polk & Wardwell LLP [Juliana N. Murray], of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Chun, J.), rendered August 18, 2014, convicting him of manslaughter in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The Supreme Court’s Molineux ruling ( see People v Molineux , 168 NY 264 [1901]) constituted a proper exercise of discretion. The evidence of the defendant’s prior possession and display of a weapon was probative of the defendant’s knowing possession of the weapon at the time of the crimes charged, and the risk of prejudice did not outweigh the probative value ( see People v Lawrence , 141 AD3d 1079 , 1081 [2016]; People v Kidd , 112 AD3d 994 , 995 [2013]; People v Phillips , 84 AD3d 1274 [2011]).

The sentence imposed was not excessive ( see People v Suitte , 90 AD2d 80 [1982]).

The defendant’s remaining contentions are unpreserved for appellate review and, in any event, without merit. Hall, J.P., Miller, Connolly and Brathwaite Nelson, JJ., concur..