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PEOPLE v. HARDY

22 A.D.3d 679 (2005)

804 N.Y.S.2d 344

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JERMEL HARDY, Appellant.

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

October 17, 2005.

Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review his contention that the prosecutor improperly impeached his own witness at trial. After the prosecutor allegedly did so, the defendant asked for and received a curative instruction. The jury is presumed to have followed that instruction (see People v. Ross, 262 A.D.2d 429 [1999]). The defendant...

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