People v. O'Garro

293 A.D.2d 763, 741 N.Y.S.2d 447, 2002 N.Y. App. Div. LEXIS 4106

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: April 29, 2002
• Status: Published

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Buchter, J.), rendered January 7, 1999, convicting him of grand larceny in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, he was not denied his right to a fair trial by a brief reference in the complainant’s testimony to an uncharged incident involving a slashing. The Supreme Court sustained the defendant’s objection, struck the offending testimony, and issued a prompt curative instruction (see People v Santiago, 52 NY2d 865; People v Vincent, 250 AD2d 787). Consequently, the Supreme Court providently exercised its discretion in denying the defendant’s motion for á mistrial (see People v Santiago, supra; People v Ortega, 224 AD2d 552; People v Lockhart, 220 AD2d 690).

The defendant’s remaining contentions are unpreserved for appellate review. Ritter, J.P., Feuerstein, Goldstein and Cozier, JJ., concur.