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PEOPLE v. ALEXANDER

291 A.D.2d 328 (2002)

737 N.Y.S.2d 620

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAUL ALEXANDER, Also Known as TIMOTHY BOYD, Appellant.

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

Decided February 26, 2002.

The court properly exercised its discretion in denying defendant's mistrial motion based on the reference in the prosecutor's opening statement to contemporaneous, uncharged apparent sales, given the court's curative instruction. This evidence, which would have been admissible in any event, was not unduly prejudicial (see, People v Pressley, 216 A.D.2d 202, lv denied 86 N.Y.2d 800).

Since defendant requested no further...

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