Appellate Division of the Supreme Court of New York, 1991

People v. Reynoso

People v. Reynoso
Appellate Division of the Supreme Court of New York · Decided January 10, 1991
169 A.D.2d 886; 564 N.Y.S.2d 817; 1991 N.Y. App. Div. LEXIS 111
People v. Reynoso

Opinion of the Court

Appeal from a judgment of the County Court of Schenectady County (Harrigan, J.), rendered August 15, 1989, upon a verdict convicting defendant of the crimes of criminal sale of a controlled substance in the second degree, criminal possession of a controlled substance in the third degree (three counts) and criminal sale of a controlled substance in the third degree (two counts).

We find no error by County Court in its denial of defendant’s motion for a mistrial after a witness testified regarding the circumstances of a prior arrest of defendant on another charge. The court immediately gave curative instructions which were sufficient to minimize any prejudice defendant may have suffered as a result of the testimony (see, People v Young, 48 NY2d 995; People v Banks, 130 AD2d 498, lv denied 70 NY2d 709). Accordingly, defendant’s contention that a new trial is warranted is rejected.

Judgment affirmed. Mahoney, P. J., Casey, Weiss, Yesawich, Jr., and Levine, JJ., concur.

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