Appellate Division of the Supreme Court of New York, 2004

People v. Cabrera

Appellate Division of the Supreme Court of New York · Decided October 12, 2004

11 A.D.3d 552; 782 N.Y.S.2d 646; 2004 N.Y. App. Div. LEXIS 11979

Cases that cite this one

3 later published cases cite this decision.

People v. Avila (Appellate Division of the Supreme Court of New York 2010)
People v. Haynes (Appellate Division of the Supreme Court of New York 2007)
People v. Gill (Appellate Division of the Supreme Court of New York 2005)

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

*553Appeal by the defendant from a judgment of the Supreme Court, Queens County (McDonald, J.), rendered February 26, 2002, convicting him of possession of burglar’s tools, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Although the prosecutor improperly questioned the defendant regarding a third person’s uncharged crime, the trial court providently exercised its discretion in denying the defendant’s motion for a mistrial. The trial court’s curative instruction alleviated any prejudice to the defendant (see People v Santiago, 52 NY2d 865 [1981]; People v Torres, 302 AD2d 411 [2003]; People v Hernandez, 240 AD2d 759 [1997]; People v Caban, 224 AD2d 705 [1996]). Florio, J.P., Luciano, Schmidt and Rivera, JJ., concur.

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