Appellate Division of the Supreme Court of New York, 2002

People v. O'Garro

Appellate Division of the Supreme Court of New York · Decided April 29, 2002

293 A.D.2d 763; 741 N.Y.S.2d 447; 2002 N.Y. App. Div. LEXIS 4106

Cases that cite this one

3 later published cases cite this decision.

People v. Petronio (Appellate Division of the Supreme Court of New York 2006)
People v. Benavides (Appellate Division of the Supreme Court of New York 2005)
People v. Kirk (Appellate Division of the Supreme Court of New York 2004)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Buchter, J.), rendered January 7, 1999, convicting him of grand larceny in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

*764Contrary to the defendant’s contention, he was not denied his right to a fair trial by a brief reference in the complainant’s testimony to an uncharged incident involving a slashing. The Supreme Court sustained the defendant’s objection, struck the offending testimony, and issued a prompt curative instruction (see People v Santiago, 52 NY2d 865; People v Vincent, 250 AD2d 787). Consequently, the Supreme Court providently exercised its discretion in denying the defendant’s motion for á mistrial (see People v Santiago, supra; People v Ortega, 224 AD2d 552; People v Lockhart, 220 AD2d 690).

The defendant’s remaining contentions are unpreserved for appellate review. Ritter, J.P., Feuerstein, Goldstein and Cozier, JJ., concur.

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