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People v. Kirk

Appellate Division of the Supreme Court of New York, Second Department
Nov 22, 2004
12 A.D.3d 619 (N.Y. App. Div. 2004)

Opinion

2001-04495

November 22, 2004.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), rendered May 2, 2001, convicting him of robbery in the third degree, upon a jury verdict, and imposing sentence.

Before: Smith, J.P., Luciano, Rivera and Lifson, JJ., concur.


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, he was not denied his right to a fair trial by a brief reference in a police detective's testimony to the defendant's prior arrests. The Supreme Court sustained the defendant's objection, struck the offending testimony, and issued a prompt curative instruction ( see People v. O'Garro, 293 AD2d 763, 764). Any prejudice to the defendant that might have arisen from the detective's testimony was alleviated when the Supreme Court gave a prompt curative instruction ( see People v. Vincent, 250 AD2d 787, 788).

The defendant's remaining contentions either are unpreserved for appellate review or without merit.


Summaries of

People v. Kirk

Appellate Division of the Supreme Court of New York, Second Department
Nov 22, 2004
12 A.D.3d 619 (N.Y. App. Div. 2004)
Case details for

People v. Kirk

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD KIRK, Appellant

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

Date published: Nov 22, 2004

Citations

12 A.D.3d 619 (N.Y. App. Div. 2004)
784 N.Y.S.2d 373

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