Opinion
May 13, 1997
Supreme Court, New York County (Jay Gold, J.).
As a whole, the court's supplemental charges on evaluating witnesses' credibility adequately conveyed the proper standards ( People v. Fields, 87 N.Y.2d 821).
The court properly exercised its discretion when it denied defendant's motion for a mistrial since the court promptly struck the offending testimony and issued curative instructions to the jury ( People v. Owens, 214 A.D.2d 480, 481, lv denied 86 N.Y.2d 799). The court properly declined to discharge the purportedly deadlocked jury, which had deliberated over a 2-day period, during which it requested and obtained extensive readback and re-instruction ( Matter of Plummer v. Rothwax, 63 N.Y.2d 243).
Concur — Murphy, P.J., Rosenberger, Wallach, Tom and Andrias, JJ.