People v. Cruz

Appellate Division of the Supreme Court of New York

People v. Cruz

279 A.D.2d 359, 718 N.Y.S.2d 853, 2001 N.Y. App. Div. LEXIS 461

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

DecidedJanuary 18, 2001

StatusPublished

This text of 279 A.D.2d 359 (People v. Cruz) 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.

Bluebook

People v. Cruz, 279 A.D.2d 359, 718 N.Y.S.2d 853, 2001 N.Y. App. Div. LEXIS 461 (N.Y. Ct. App. 2001).

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Opinion

Judgment, Supreme Court, Bronx County (John Moore, J.), rendered October 6, 1997, convicting defendant, after a jury trial, of attempted murder in the second degree, and sentencing him, as a second felony offender, to a term of 12V2 to 25 years, unanimously affirmed.

The court properly denied defendant’s mistrial motion based on testimony regarding an uncharged assault upon the victim’s friend which occurred shortly before defendant shot the victim. [360]*360The court struck the testimony and strongly instructed the jury to disregard it, which was sufficient to eliminate any potential prejudice under the circumstances of the case, including the overwhelming evidence of defendant’s guilt (see, People v Santiago, 52 NY2d 865).

We perceive no basis for reduction of sentence. Concur— Rosenberger, J. P., Tom, Mazzarelli, Ellerin and Wallach, JJ.

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Judgment, Supreme Court, Bronx County (John Moore, J.), rendered October 6, 1997, convicting defendant, after a jury trial, of attempted murder in the second degree, and sentencing him, as a second felony offender, to a term of 12V2 to 25 years, unanimously affirmed.

The court properly denied defendant’s mistrial motion based on testimony regarding an uncharged assault upon the victim’s friend which occurred shortly before defendant shot the victim. [360]*360The court struck the testimony and strongly instructed the jury to disregard it, which was sufficient to eliminate any potential prejudice under the circumstances of the case, including the overwhelming evidence of defendant’s guilt (see, People v Santiago, 52 NY2d 865).

We perceive no basis for reduction of sentence. Concur— Rosenberger, J. P., Tom, Mazzarelli, Ellerin and Wallach, JJ.

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Bluebook (online)

279 A.D.2d 359, 718 N.Y.S.2d 853, 2001 N.Y. App. Div. LEXIS 461, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cruz-nyappdiv-2001.

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