People v. Espinal

Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered March 26, 2013, as amended April 25, 2013, convicting defendant, after a jury trial, of attempted burglary in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 12 years to life, unanimously affirmed.

The court properly exercised its discretion in admitting evidence of defendant’s prior attempted burglary conviction as probative of his intent (see e.g. People v Patterson, 41 AD3d 169 [1st Dept 2007], lv denied 9 NY3d 925 [2007]). The probative value of the evidence outweighed its…