Opinion
July 10, 1987
Appeal from the Onondaga County Court, Burke, J.
Present — Dillon, P.J., Callahan, Green, Balio and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Defendant was convicted of criminal possession and sale of cocaine. His primary claim that the trial court erred in allowing testimony of an accomplice and a police officer concerning a similar drug transaction six days before the incident in question has already been rejected in the appeal of a codefendant (see, People v Dery, 115 A.D.2d 996, lv denied 67 N.Y.2d 941). Defendant's claim that the trial court erred in denying his motion for a mistrial based upon testimony that defendant threatened the life of a key prosecution witness is without merit because the trial court promptly sustained defense counsel's objection to the remark and instructed the jury to disregard it (see, People v. Galloway, 54 N.Y.2d 396, 399; People v. Arce, 42 N.Y.2d 179, 190; People v McCloskey, 92 A.D.2d 672, 673-674). Thus, there was no manifest necessity to declare a mistrial (see, People v. Moolenaar, 88 A.D.2d 1093; Matter of Cardin v. Sedita, 53 A.D.2d 253, 256). Defendant's claim that the People did not establish a proper chain of custody of the cocaine was not preserved for review and is without merit in any event (see, People v. Julian, 41 N.Y.2d 340, 343; People v. Connelly, 35 N.Y.2d 171, 174). We have considered defendant's remaining claims and find each one lacking in merit.