Opinion
December 28, 2000.
Judgment, Supreme Court, Bronx County (Frank Torres, J.), rendered September 11, 1998, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.
Erica M. Fitzgerald, for respondent.
Kenneth M. Tuccillo, for defendant-appellant.
Before: Rosenberger, J.P., Nardelli, Williams, Mazzarelli, Friedman, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the jury's determinations concerning credibility. Inconsistencies between a witness's Grand Jury and trial testimony presented a credibility issue for resolution by the jury and did not entitle defendant to dismissal of the indictment (People v. Hutson, 157 A.D.2d 574, lv denied 75 N.Y.2d 967).
The court properly exercised its discretion in denying defendant's mistrial motions based on the fact that witnesses blurted out testimony that had been precluded by the court, since the court's curative instructions were sufficient to prevent any prejudice (see, People v. Santiago, 52 N.Y.2d 865).
The record supports the court's finding, based on a careful weighing of the factors set forth in People v. Taranovich ( 37 N.Y.2d 442), that defendant was not deprived of his constitutional right to a speedy trial.
Defendant's remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.