The court properly denied defendant's mistrial motion following the prosecutor's opening remarks mistakenly attributing to defendant the exculpatory postarrest statement of another, since these remarks caused no prejudice to defendant. Defendant's claim of prejudice resulting from an ethnic reference in the statement rests entirely on speculation. In any event, the jury is presumed to have followed the court's curative instruction (see, People v Davis,
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PEOPLE v. ELI
250 A.D.2d 418 (1998)
673 N.Y.S.2d 93
The People of the State of New York, Respondent, v. Tom Eli, Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
May 12, 1998
May 12, 1998
Appellate Division of the Supreme Court of the State of New York, First Department.
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