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THE PEOPLE, res, v. OUSSEYNOU LAM, def-app

12-281. THE PEOPLE, res, v. OUSSEYNOU LAM, def-app — Judgment of conviction (Matthew A. Sciarrino, J.) rendered November 2, 2011, affirmed.

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12-281. THE PEOPLE, res, v. OUSSEYNOU LAM, def-app — Judgment of conviction (Matthew A. Sciarrino, J.) rendered November 2, 2011, affirmed.

The court properly exercised its discretion in its Molineux (People v. Molineux, 168 NY 264 [1901]) and Sandoval (People v. Sandoval, 34 NY2d 371 [1974]) rulings. The evidence at issue, defendant’s four prior acts of unlicensed general vending, was relevant to defendant’s motive and intent, as well as tending to dispel the notion that there was an innocent explanation for his conduct (see People v. Chi Yuan Hwang, 2 AD3d 245 [2003], lv denied 2 NY3d 738 [2004]). The potential for prejudice did not outweigh the probative value of this evidence (see People v. Alvino, 71 NY2d 233, 242 [1987]). In a nonjury trial, the trial court, is presumed, by virtue of learning and experience, to have considered only the competent evidence adduced in reaching its determination (see People v. Torres, 1 AD3d 621 [2003], lv denied 1 NY3d 602 [2004]).

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