Opinion
271
February 25, 2003.
Judgment, Supreme Court, Bronx County (Michael Gross, J.), rendered April 27, 1999, convicting defendant, after a jury trial, of attempted murder in the second degree, and sentencing him to a term of 7 to 21 years, unanimously affirmed.
Albert Ceva, for respondent.
Joseph Lavine, for defendant-appellant.
Before: Tom, J.P., Andrias, Sullivan, Friedman, Marlow, JJ.
Contrary to defendant's contention, no testimony was elicited that implicated him in uncharged crimes. The challenged testimony, which provided relevant background information, implicated a person other than defendant in drug activity, and the court's curative instruction, which the jury is presumed to have followed, emphasized the fact that there was no evidence of similar activity on defendant's part (see People v. Marshall, 290 A.D.2d 273, lv denied 97 N.Y.2d 757). We also conclude that defendant was not prejudiced by the absence of an advance ruling on this evidence, and the evidence was not received for its truth, but for relevant non-hearsay purposes. To the extent that defendant is raising constitutional claims, such claims are unpreserved (see People v. Kello, 96 N.Y.2d 740, 743-744), and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.