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People v. Caban

Appellate Division of the Supreme Court of New York, Second Department
Feb 26, 1996
224 A.D.2d 705 (N.Y. App. Div. 1996)

Opinion

February 26, 1996

Appeal from the Supreme Court, Kings County (Feldman, J.).


Ordered that the judgment is affirmed.

Although the prosecutor improperly questioned two witnesses concerning a prior, uncharged crime, the trial court did not act improperly in denying the defendant's motion for a mistrial. The decision to grant or deny such a motion is within the trial court's discretion (see, People v. Ortiz, 54 N.Y.2d 288, 292). The trial court properly exercised its discretion in this regard, and gave a curative instruction which alleviated any prejudice to the defendant arising from the mention of the uncharged criminal act (see, People v. Santiago, 52 N.Y.2d 865).

The defendant's remaining contentions are either unpreserved for appellate review or without merit. O'Brien, J.P., Sullivan, Copertino and Joy, JJ., concur.


Summaries of

People v. Caban

Appellate Division of the Supreme Court of New York, Second Department
Feb 26, 1996
224 A.D.2d 705 (N.Y. App. Div. 1996)
Case details for

People v. Caban

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MOSES CABAN, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 26, 1996

Citations

224 A.D.2d 705 (N.Y. App. Div. 1996)
638 N.Y.S.2d 966

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