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216 A.D.2d 485

People v. Davis

Appellate Division of the Supreme Court of the State of New York · decided 1995-06-19

Cited by 2 later decisions — most recently March 2001

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1995-06-19

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¶1Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered August 17, 1993, convicting her of assault in the second degree (two counts), upon a jury verdict, and imposing sentence.

¶2Ordered that the judgment is affirmed.

¶3None of the defendant’s claims of error were properly preserved for appellate review (see, CPL 470.05 [2]; People v Udzinski, 146 AD2d 245). In any event, the defendant’s claims lack merit.

¶4The defendant was convicted of two counts of assault in the second degree for assaulting her two-month-old son causing multiple fractures to his ribs and arm. Her only defense was that the baby was injured when she rolled over him while they were sleeping. Contrary to the defendant’s contention, it was not error for the trial court to permit the introduction of the defendant’s prior convictions arising from child abuse. In domestic violence cases, evidence of prior bad acts is especially probative in overcoming a defense based on mistake (People v Basir, 179 AD2d 662, 663).

¶5The evidence when viewed in the light most favorable to the People (see, People v Contes, 60 NY2d 620), was legally sufficient to establish the defendant’s guilt (see, People v King, 85 NY2d 609). Moreover, upon the exercise of our factual review power, we find that the verdict was not against the weight of the evidence (see, CPL 470.15 [5]).

¶6The defendant’s remaining contentions are without merit. Pizzuto, J. P., Hart, Friedmann and Florio, JJ., concur.

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