Defendant was indicted for Attempted Murder in the Second Degree for the shooting of his former girlfriend. The People have made an application under People v Molineaux, 168 NY 264, to introduce evidence that the motive for the shooting was the complainant's theft of defendant's money and crack cocaine hours earlier.

In the trial of a criminal action evidence of other crimes is generally not allowed since such evidence creates a risk that the jury may predicate its verdict on its attitude towards the defendant's character and not upon the objective evidence of the crimes to be proved. Hence, evidence of uncharged crimes is not admissible if offered only to raise an inference that the accused has a criminal propensity for fear the jury may convict because of past behavior and not because it is convinced of guilt beyond a reasonable doubt. [*2]

For this reason, evidence concerning such other acts will only be admissible under limited circumstances where the probative value of such uncharged acts outweighs their prejudicial effect.

In this case, the motion of the People seeking to allow the complainant to testify to the events of the day leading up to the shooting is admissible. Not only does it provide the motive for the defendant's actions (People v Moore, 213 AD2d 496), but these events are inextricably interwoven with the shooting of the complainant. They are also necessary to complete the narrative and help the jury understand the relationship of these parties and the reasons for their actions.

To limit the prejudicial effect to the defense, the court will give a limiting instruction to the jury.

This constitutes the Decision and Order of the Court.

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Matthew J. D'Emic

J.S.C.