Opinion
March 28, 1996
Appeal from the Supreme Court, New York County (Edward Sheridan, J.).
Although there was a Molineux error arising out of testimony that defendant had been arrested in connection with another robbery, the reference was brief, inadvertent and not repeated ( People v Colon, 203 A.D.2d 171, lv denied 83 N.Y.2d 966; People v Maisonet, 209 A.D.2d 297, lv denied 85 N.Y.2d 864, cert denied ___ US ___, 116 S Ct 56), the record was sanitized immediately ( cf., People v Barranco, 174 A.D.2d 343), a limiting instruction was given at the close of evidence that the jury is presumed to have followed ( see, People v Owens, 214 A.D.2d 480, lv denied 86 N.Y.2d 799; cf., People v Taveras, 143 A.D.2d 208), and there is no significant likelihood that the jury would have acquitted but for the error ( People v Simmons, 204 A.D.2d 214, lv denied 84 N.Y.2d 872), making the error harmless. Defendant's remaining contentions are without merit.
Concur — Milonas, J.P., Ellerin, Wallach, Nardelli and Mazzarelli, JJ.