Opinion
February 3, 1995
Appeal from the Niagara County Court, Hannigan, J.
Present — Denman, P.J., Balio, Fallon, Callahan and Davis, JJ.
Judgment unanimously affirmed. Memorandum: There is no merit to the contention that County Court erred in denying defendant's motion for a mistrial (see, CPL 280.10). The court struck the testimony objected to and immediately gave curative instructions that sufficiently eliminated any danger of prejudice to defendant (see, People v. Valenti, 199 A.D.2d 617, 618, lv denied 83 N.Y.2d 811).
The court's charge on reasonable doubt as a whole conveyed the proper standard of proof, and the court's description of the trial as a "search for the truth", although not favored, does not require reversal (see, People v. Simpson, 178 A.D.2d 500, lv denied 79 N.Y.2d 923). Finally, the court's charge on the element of causation was legally sufficient (see, Henderson v. Kibbe, 431 U.S. 145, 152-154).