Appellate Division of the Supreme Court of New York, 1999

People v. DeJesus

People v. DeJesus
Appellate Division of the Supreme Court of New York · Decided April 27, 1999
260 A.D.2d 301; 690 N.Y.S.2d 178; 1999 N.Y. App. Div. LEXIS 4394
People v. DeJesus

Opinion of the Court

—Judgment, Supreme Court, Bronx County (David Stadtmauer, J.), rendered February 20, 1997, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.

The verdict was not against the weight of the evidence (People v Bleakley, 69 NY2d 490, 495). Credibility issues were properly placed before the jury and we see no reason to disturb its findings (see, People v Gaimari, 176 NY 84, 94).

The court properly exercised its discretion in denying defendant’s motion for a mistrial made on the basis of a reference to uncharged crimes, since any possible prejudice to defendant was obviated by the court’s prompt curative instruction (see, People v Young, 48 NY2d 995). Concur — Williams, J. P., Rubin, Mazzarelli, Saxe and Friedman, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.