Summary
finding that prejudice was overcome by curative instruction when witness testified to bringing defendant "back to Riker's Island"
Summary of this case from Sanders v. Superintendent, Green Haven Corr. FacilityOpinion
1999-05128
Submitted October 29, 2002.
November 18, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (McDonald, J.), rendered May 25, 1999, convicting him of robbery in the first degree and robbery in the second degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Sonia Mikolic-Torreira of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeanette Lifschitz, and Beverly Kalman of counsel), for respondent.
Before: NANCY E. SMITH, J.P., WILLIAM D. FRIEDMANN, HOWARD MILLER, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the trial court properly denied his motion for a mistrial. Any prejudice to the defendant that might have resulted when a detective testified that he brought the defendant "back to Rikers Island" after the lineup was alleviated by the trial court's curative instructions (see People v. Santiago, 52 N.Y.2d 865; People v. Young, 48 N.Y.2d 995).
SMITH, J.P., FRIEDMANN, H. MILLER and COZIER, JJ., concur.