People v. Jones

125 A.D.3d 469, 999 N.Y.S.2d 744

Opinion

Judgment, Supreme Court, New York County (William Leibovitz, J.), rendered October 26, 1998, 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 court properly exercised its discretion in denying defendant’s mistrial motions based on an improper question asked by the prosecutor of a rebuttal witness (see People v Ortiz, 54 NY2d 288 [1981]). A mistrial was unwarranted because the question went unanswered and the court minimized any prejudice by way of a thorough curative instruction that the jury is presumed to have followed (see e.g. People v Otero, 56 AD3d 350 [1st Dept 2008], lv denied 14 NY3d 804 [2010]).

Concur — Sweeny, J.P., Renwick, Moskowitz, Feinman and Kapnick, JJ.