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PEOPLE v. DIAZ

254 A.D.2d 104 (1998)

679 N.Y.S.2d 285

The People of the State of New York, Respondent, v. Pedro Diaz, Appellant

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

October 13, 1998

The court did not abuse its discretion in denying defendant's motion for a mistrial after uncharged crimes evidence was inadvertently elicited (see, People v Young, 48 N.Y.2d 995). The court prevented any prejudice by immediately striking the testimony from the record and issuing a curative instruction to the jury, which the jury is presumed to have followed. Defendant's remaining contentions are unpreserved for appellate...

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