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PEOPLE v. MALDONADO

282 A.D.2d 289 (2001)

723 N.Y.S.2d 362

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWIN MALDONADO, Appellant.

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

Decided April 17, 2001.

The court properly exercised its discretion in denying defendant's mistrial motion made on the basis of a comment by the prosecutor in summation that impermissibly referred to the fact that defendant did not testify. The court's prompt curative instruction and its charge to the jury regarding its obligation not to draw an adverse inference from defendant's failure to testify were sufficient to prevent any prejudice (see, People...

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