Opinion
2000-04796
Submitted May 30, 2002.
June 25, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered May 9, 2000, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.
Andrew C. Fine, New York, N.Y. (Joseph Lavine of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Joyce Slevin, and Joseph Huttler of counsel), for respondent.
CORNELIUS J. O'BRIEN, J.P., HOWARD MILLER, ROBERT W. SCHMIDT, BARRY A. COZIER, JJ.
ORDERED that the judgment is affirmed.
The introduction of testimony regarding the defendant's membership in a gang did not constitute reversible error (see People v. Newby, 291 A.D.2d 460; People v. Herrera, 287 A.D.2d 579, lv denied 97 N.Y.2d 705; People v. Perez, 265 A.D.2d 347). Much of this testimony was elicited after the defense counsel opened the door to the matter on cross-examination (see People v. Newby, supra; People v. Peoples, 143 A.D.2d 780, 781; see generally People v. Melendez, 55 N.Y.2d 445, 451-453). Any potential prejudice to the defendant was alleviated by the trial court's curative instructions to the jury (see People v. Newby, supra; People v. Bernard, 224 A.D.2d 192).
The defendant's remaining contention is without merit.
O'BRIEN, J.P., H. MILLER, SCHMIDT and COZIER, JJ., concur.