PEOPLE v. HOLTON


225 A.D.2d 1021 (1996)

640 N.Y.S.2d 708

The People of the State of New York, Respondent, v. Robert Holton, Appellant. (Appeal No. 2.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

March 8, 1996


Judgment unanimously affirmed.

Memorandum:

Supreme Court did not abuse its discretion in denying defendant's motion for a mistrial when the testimony of a prosecution witness exceeded the scope of the court's Ventimiglia ruling. The record does not support defendant's allegation that the prosecutor purposefully elicited the objectionable testimony; rather, the record shows that the witness volunteered information and that her answers were largely unresponsive...

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