People v. Herrera

—Judgment, Supreme Court, New York County (Harold Rothwax, J.), rendered April 13, 1993, convicting defendant, after a jury trial, of murder in the second degree and arson in the second degree, and sentencing him, as a second violent felony offender, to consecutive terms of 25 years to life and 12V2 to 25 years, respectively, unanimously affirmed.

The court properly admitted testimony that defendant made a threatening gesture to a prosecution witness during a break in that witness’s testimony (People v Plummer, 36 NY2d 161). The throat-slitting gesture was highly probative of defendant’s…