Opinion
1999-00568
Argued April 8, 2002.
April 29, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Buchter, J.), rendered January 7, 1999, convicting him of grand larceny in the fourth degree, upon a jury verdict, and imposing sentence.
Andrew C. Fine, New York, N.Y. (David W. Balch of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeanette Lifschitz, and Brian K. O'Connor of counsel), for respondent.
Before: DAVID S. RITTER, J.P., SANDRA J. FEUERSTEIN, GLORIA GOLDSTEIN, BARRY A. COZIER, JJ.
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 the complainant's testimony to an uncharged incident involving a slashing. The Supreme Court sustained the defendant's objection, struck the offending testimony, and issued a prompt curative instruction (see People v. Santiago, 52 N.Y.2d 865; People v. Vincent, 250 A.D.2d 787). Consequently, the Supreme Court providently exercised its discretion in denying the defendant's motion for a mistrial (see People v. Santiago, supra; People v. Ortega, 224 A.D.2d 552; People v. Lockhart, 220 A.D.2d 690).
The defendant's remaining contentions are unpreserved for appellate review.
RITTER, J.P., FEUERSTEIN, GOLDSTEIN and COZIER, JJ., concur.