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PEOPLE v. MURRAY

305 A.D.2d 301 (2003)

760 N.Y.S.2d 837

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOEL MURRAY, Appellant.

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

Decided May 27, 2003.

The court properly exercised its discretion in denying defendant's mistrial motion made after the court made an ill-advised remark during jury selection concerning the probable guilt of persons charged with criminal conduct in general. The court's thorough curative instructions to the panel withdrawing the comment and emphasizing the presumption of innocence were sufficient to prevent any prejudice to defendant (see People v Santiago, 52 N.Y.2d 865...

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