Opinion
March 29, 2000.
Appeal from Judgment of Monroe County Court, Marks, J. — Assault, 2nd Degree.
PRESENT: PIGOTT, JR., P. J., GREEN, PINE, HAYES AND HURLBUTT, JJ.
Judgment unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him after a jury trial of assault in the second degree ( Penal Law § 120.05 [2]) and unlawful imprisonment in the second degree (Penal Law § 135.05 ). Defendant contends that County Court erred in admitting the hearsay testimony of police officers concerning the nature of the complaint they received. The general objection of defendant to that testimony did not preserve his present contention for our review ( see, People v. Clarke ,81 N.Y.2d 777, 778; People v. George , 255 A.D.2d 881). In any event, that testimony was admitted not for its truth but to complete the narrative of the events leading to the apprehension of defendant with the complainant ( see, People v. Calderon , 251 A.D.2d 207, lv denied 92 N.Y.2d 923; People v. Ayala , 247 A.D.2d 204, 204-205, lv denied 92 N.Y.2d 893; People v. Shaw , 232 A.D.2d 174, 175, lv denied 89 N.Y.2d 946).
The court properly denied defendant's motion for a mistrial based on the complainant's testimony that defendant had previously served time in prison. The court mitigated any prejudice by striking the testimony and offering to provide a curative instruction to the jury ( see, People v. Skinner , 251 A.D.2d 1013, lv denied 92 N.Y.2d 930, 1038; People v. Young , 225 A.D.2d 1066, 1067, lv denied 88 N.Y.2d 1026; People v. Pought , 154 A.D.2d 628, 629, lv denied 75 N.Y.2d 816).