Appeal from a judgment of the City Court of Yonkers, Westchester County (Richard B Liebowitz, J.), rendered June 17, 2005. The judgment convicted defendant, upon a jury verdict, of menacing in the second degree.

Judgment of conviction affirmed.

Defendant contends that the court erred when it admitted evidence of prior uncharged crimes and bad acts in the People's direct case because the evidence demonstrated defendant's propensity toward crime rather than specific evidence of his commission of the crime charged, menacing in the second degree. Contrary to defendant's contention, the court properly permitted the evidence to be admitted as background and as proof of defendant's intent (see People v Jau Kud Su, 239 AD2d
703 [1997]). The prior acts were also probative of the complainant's state of mind (see People v Melendez, 8 AD3d 680 [2004]) and relevant to prove that the defendant placed or attempted to place the complainant in reasonable fear of physical injury, serious injury or death by displaying a deadly weapon, pistol, revolver or other firearm, a necessary element of the crime charged (see Penal Law § 120.14 [1]). Further, the probative value of said evidence outweighed any prejudice to defendant (see People v Cook, 93 NY2d 840 [1999]; People v Baltimore, 301 AD2d 610 [2003]; People v George, 197 AD2d 588, 589 [1993]).

We have examined defendant's remaining contentions and find them to be either unpreserved for appellate review or without merit.

Rudolph, P.J., McCabe and Lippman, JJ., concur. [*2]
Decision Date: December 13, 2006