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PEOPLE v. MENDEZ

302 A.D.2d 300 (2003)

754 N.Y.S.2d 545

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUIS MENDEZ, Appellant.

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

Decided February 25, 2003.

Contrary to defendant's contention, no testimony was elicited that implicated him in uncharged crimes. The challenged testimony, which provided relevant background information, implicated a person other than defendant in drug activity, and the court's curative instruction, which the jury is presumed to have followed, emphasized the fact that there was no evidence of similar activity on defendant's part (see People v Marshall, 290 A.D.2d 273

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