People v. Bentley

Appellate Division of the Supreme Court of New York

People v. Bentley

284 A.D.2d 546, 727 N.Y.S.2d 629, 2001 N.Y. App. Div. LEXIS 6799

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 25, 2001

StatusPublished

Cited by3 cases

This text of 284 A.D.2d 546 (People v. Bentley) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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People v. Bentley, 284 A.D.2d 546, 727 N.Y.S.2d 629, 2001 N.Y. App. Div. LEXIS 6799 (N.Y. Ct. App. 2001).

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Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (J. Goldberg, J.), rendered April 22, 1999, convicting him of murder in the second degree and assault in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The Supreme Court providently exercised its discretion in denying the defendant’s motion for a mistrial (see, People v Ortiz, 54 NY2d 288). Any potential prejudice to the defendant that might have arisen from the detective’s brief testimony relating to an uncharged crime was alleviated when the court gave a prompt curative instruction (see, People v Biggs, 280 AD2d 484, lv denied 96 NY2d 797; People v Vincent, 250 AD2d 787). Santucci, J. P., Krausman, McGinity and Feuerstein, JJ., concur.

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—Appeal by the defendant from a judgment of the Supreme Court, Kings County (J. Goldberg, J.), rendered April 22, 1999, convicting him of murder in the second degree and assault in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The Supreme Court providently exercised its discretion in denying the defendant’s motion for a mistrial (see, People v Ortiz, 54 NY2d 288). Any potential prejudice to the defendant that might have arisen from the detective’s brief testimony relating to an uncharged crime was alleviated when the court gave a prompt curative instruction (see, People v Biggs, 280 AD2d 484, lv denied 96 NY2d 797; People v Vincent, 250 AD2d 787). Santucci, J. P., Krausman, McGinity and Feuerstein, JJ., concur.

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Bluebook (online)

284 A.D.2d 546, 727 N.Y.S.2d 629, 2001 N.Y. App. Div. LEXIS 6799, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bentley-nyappdiv-2001.

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