People v. DeJesus

260 A.D.2d 301, 690 N.Y.S.2d 178, 1999 N.Y. App. Div. LEXIS 4394

Opinion

—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.