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Evidence of Prior Uncharged Offenses Involving the Same Behavior and Against the Same Victim as Alleged in the Charged Offense Deemed Admissible to Prove Motive, Intent and to Provide Necessary Background Information About the Nature of the Relationship Between the Victim and Defendant

The Fourth Department determined evidence of prior uncharged sexual abuse of the victim, which included actions attributed to the defendant in the charged offense (abuse when the victim was unconscious from alcohol intoxication), was properly admitted. The court found the uncharged crime evidence was admissible to prove intent and motive, and to provide background information about the nature of the relationship between the victim and defendant:

We reject defendant’s contention … that the court erred in admitting evidence of defendant’s prior uncharged sexual abuse of the victim which, according to the victim’s testimony, also occurred while she was unconscious from alcohol intoxication. “The general rule is that evidence of . . . uncharged crimes may not be offered to show defendant’s bad character or his propensity towards crime but may be admitted only if the acts help establish some element of the crime under consideration or are relevant because of some recognized exception to the general rule” … . Here, we conclude that the evidence of uncharged crimes was admissible to establish intent and motive under the first two exceptions specifically identified in Molineux’s illustrative and nonexhaustive list … . Specifically, the disputed evidence was relevant to the issue whether defendant intended to commit the instant crime for the purpose of sexual gratification (see Penal Law §§ 130.00 [3]; 130.65 [2]), and to establish defendant’s motive in providing a large quantity of alcohol to the victim. Consequently, “the evidence in this case was not propensity evidence, but was probative of [defendant’s] motive and intent to [sexually] assault his victim” … . Moreover, the evidence was also admissible under a more recently recognized Molineux exception, i.e., to “provide[] necessary background information on the nature of the relationship” between defendant and the victim … and thus, we conclude that the court did not abuse its discretion in allowing the People to present the evidence at issue … . People v Leonard, 2015 NY Slip Op 05314. 4th Dept 6-19-15

 

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