People v. Privott
Opinion of the Court
Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him, following a jury trial, of burglary in the first degree (Penal Law § 140.30 [3]) and resisting arrest (Penal Law § 205.30). He claims that a display booth located in the corridor outside the courtroom which contained a sign reading "Crime Hurts—Ask the Victim” was so prejudicial as to deny him a fair trial. Although defendant’s attorney noted an objection on the record to the presence of this display immediately after the jury had been selected and sworn and just prior to opening statements, no request was made for additional voir dire of the jurors to determine whether any of them had seen the display or had in any way been influenced by it.
We do not find the situation herein analogous to that in People v Rivera (26 NY2d 304). The display booth in this case dealt generally with the subject of crime victims’ rights and did not relate to defendant or his pending trial. Furthermore, there was no request for curative instructions or any motion for a mistrial; thus the issue has not been properly preserved for our review (see, People v McCormick, 100 AD2d 723; see also, People v Weston, 56 NY2d 844, 846).
The record supports the jury’s finding that the "sais” (martial arts weapons used by defendant during the course of this burglary) were " '[d]angerous instrument^]’ ” as that term is defined in the statute (Penal Law § 10.00 [13]). (Appeal from judgment of Monroe County Court, Celli, J.—burglary, first degree.) Present—Callahan, J. P., Doerr, Boomer, Balio and Lawton, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.