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PEOPLE, res, v. LARRY FERNANDEZ, def-ap

9149. PEOPLE, res, v. LARRY FERNANDEZ, def-ap — Steven Banks, The Legal Aid Society, New York (Lorraine Maddalo of counsel), for ap — Robert T. Johnson, District Attorney, Bronx (Karen Swiger of counsel), for res — Judgment, Supreme Court, Bronx County (Megan Tallmer, J.), rendered June 27, 2008, convicting defendant, after a jury trial, of attempted murder in the first degree, assault in the first degree and criminal possession of a weapon in the second and third degrees, and sentencing him to an aggregate term of 25 years, unanimously affirmed.

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9149. PEOPLE, res, v. LARRY FERNANDEZ, def-ap — Steven Banks, The Legal Aid Society, New York (Lorraine Maddalo of counsel), for ap — Robert T. Johnson, District Attorney, Bronx (Karen Swiger of counsel), for res — Judgment, Supreme Court, Bronx County (Megan Tallmer, J.), rendered June 27, 2008, convicting defendant, after a jury trial, of attempted murder in the first degree, assault in the first degree and criminal possession of a weapon in the second and third degrees, and sentencing him to an aggregate term of 25 years, unanimously affirmed.

The court properly exercised its discretion in admitting evidence that the victim regularly bought marijuana from defendant. This evidence provided necessary background information and tended to place aspects of the victim’s testimony in a believable context (see People v. Leeson, 12 NY3d 823, 827 [2009]; People v. Dorm, 12 NY3d 16, 19 [2009]; People v. Steinberg, 170 AD2d 50, 72-74 [1991], affd 79 NY2d 673 [1992]). Any prejudicial effect was outweighed by the probative value of this evidence.

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