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PEOPLE v. JACKSON

288 A.D.2d 52 (2001)

732 N.Y.S.2d 408

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDREW JACKSON, Appellant.

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

Decided November 13, 2001.

The court properly exercised its discretion in denying defendant's mistrial motion made when a police witness testified that in his efforts to locate defendant he "requested a photo from the * * *" at which point he was cut off by defendant's objection. The possibility that the jury could have inferred, from this testimony, that defendant had a criminal record was remote. Moreover, the court offered to provide a curative instruction...

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