PEOPLE v. MALAVE


268 A.D.2d 363 (2000)

700 N.Y.S.2d 827

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARIO MALAVE, Appellant.

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

Decided January 25, 2000.


The court properly exercised its discretion in denying defendant's belated mistrial motion made on the ground that the People had attempted to elicit precluded testimony, since defendant's objection was sustained before the witness had an opportunity to answer the question, and since the court's prompt curative instructions prevented any prejudice. None of defendant's remaining claims of prosecutorial misconduct are preserved for review, since he either failed to object,...

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