PEOPLE v. LEBRON


300 A.D.2d 31 (2002)

751 N.Y.S.2d 22

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NORYS LEBRON, Appellant.

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

Decided December 5, 2002.


The court properly exercised its discretion in denying defendant's mistrial motion, made on the basis of the prosecutor's use, during his opening statement, of phrasing such as "You will hear from the defendant," without explaining that what he meant was that he would be introducing defendant's grand jury testimony and other statements during the trial, and not that defendant would be testifying. The court prevented any prejudice by delivering a thorough curative instruction...

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