Appellate Division of the Supreme Court of New York, 1984

People v. Lovejoy

People v. Lovejoy
Appellate Division of the Supreme Court of New York · Decided November 19, 1984
105 A.D.2d 807; 481 N.Y.S.2d 437; 1984 N.Y. App. Div. LEXIS 20926
People v. Lovejoy

Opinion of the Court

Appeal by defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered July 14, 1983, convicting him of two counts of robbery in the first degree, two counts of robbery in the second degree, kidnapping in the second degree, assault in the second degree and grand larceny in the third degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

Although the prosecutor should not have elicited hearsay testimony regarding an uncharged crime (the breaking of a windshield), prompt curative instructions alleviated any possibility of prejudice (People v Santiago, 52 NY2d 865). In addition *808thereto, we note that defense counsel subsequently elicited testimony regarding the uncharged crime.

Defendant’s other contentions have been considered and have been found to be without merit. Mollen, P. J., Titone, Thompson and Weinstein, JJ., concur.

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