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PEOPLE v. JACARUSO

244 A.D.2d 503 (1997)

664 N.Y.S.2d 109

The People of the State of New York, Respondent, v. John Jacaruso, Appellant

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

November 17, 1997

Ordered that the judgment is affirmed.

We reject the defendant's contention that a mistrial was necessary because the prosecutor asked on cross-examination if he had threatened the complaining witness during a recess in her testimony. The prosecutor had a good faith basis for asking the question and the testimony was admissible on the ground that it had "some tendency to prove a consciousness of guilt" (People v Griffin, 126 A.D.2d 743

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