Opinion
June 8, 2001.
(Appeal from Judgment of Supreme Court, Monroe County, Bender, J. — Murder, 2nd Degree.)
PRESENT: PIGOTT, JR., P.J., PINE, HURLBUTT, SCUDDER AND BURNS, JJ.
Judgment unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him of two counts of murder in the second degree (Penal Law § 125.25, [3]), and one count of burglary in the third degree (Penal Law § 140.20). Contrary to defendant's contentions, the evidence is legally sufficient to support the conviction and the verdict is not against the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490, 495). We further reject defendant's contention that a mistrial was required based on the hearsay testimony of a witness concerning defendant's involvement in the murder. Supreme Court promptly issued a curative instruction ( see, People v. Davis, 58 N.Y.2d 1102, 1103-1104; see generally, People v. Berg, 59 N.Y.2d 294, 299-300) and did not abuse its discretion in refusing to grant a mistrial ( see, People v. Ortiz, 54 N.Y.2d 288, 292). The sentence is neither unduly harsh nor severe.