Opinion
Argued May 29, 2001.
June 25, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (J. Goldberg, J.), rendered April 22, 1999, convicting him of murder in the second degree and assault in the first degree, upon a jury verdict, and imposing sentence.
Andrew C. Fine, New York, N.Y. (Bryan Lonegan of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Thomas S. Burka of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., GABRIEL M. KRAUSMAN, LEO F. McGINITY, SANDRA J. FEUERSTEIN, JJ.
ORDERED that the judgment is affirmed.
The Supreme Court providently exercised its discretion in denying the defendant's motion for a mistrial (see, People v. Ortiz, 54 N.Y.2d 288).
Any potential prejudice to the defendant that might have arisen from the detective's brief testimony relating to an uncharged crime was alleviated when the court gave a prompt curative instruction (see, People v. Biggs, 280 A.D.2d 484, lv denied N.Y.2d [Apr. 16, 2001]; People v. Vincent, 250 A.D.2d 787).
SANTUCCI, J.P., KRAUSMAN, McGINITY and FEUERSTEIN, JJ., concur.