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PEOPLE v. LORA

298 A.D.2d 328 (2002)

749 N.Y.S.2d 236

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DIOGENES LORA, Appellant.

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

Decided October 31, 2002.

The court properly exercised its discretion in denying defendant's mistrial motion, the only remedy requested, made on the basis of the victim's mother's brief, volunteered testimony concerning a threat made to her by defendant's son (see People v Young, 48 N.Y.2d 995). While this threat had no nexus to defendant and was inadmissible, it was not so prejudicial under the circumstances as to deprive defendant of a fair trial.

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