Opinion
January 13, 2000
Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered June 9, 1997, convicting defendant, after a jury trial, of robbery in the first and second degrees, and sentencing him, as a second violent felony offender, to concurrent terms of 10 years and 7 years, respectively, unanimously affirmed.
Ann M. Olson for Respondent.
Christopher V. Blum for Defendant-Appellant.
ROSENBERGER, J.P., MAZZARELLI, WALLACH, SAXE, JJ.
The trial court's denial of defendant's motion for a mistrial based on a witness's inadvertent references to an uncharged crime was a proper exercise of discretion (see, People v. Ortiz, 54 N.Y.2d 288, 292), in light of the absence of bad faith on the part of the prosecutor, the striking of references to the uncharged crimes and the delivery of curative instructions (see, People v. Ortiz, 216 A.D.2d 164, lv denied 86 N.Y.2d 799).
Defendant's ineffective assistance of counsel claim is unsupported by the record (see, People v. Baldi, 54 N.Y.2d 137, 146-147). Defendant's counsel made appropriate pretrial motions that resulted in the granting of a suppression hearing, received a favorable Molineux ruling, vigorously cross-examined the People's witnesses both at the suppression hearings and at trial, and, in the face of overwhelming evidence, offered a consistent defense that defendant was misidentified.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.