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PEOPLE v. CAZARES

52 A.D.3d 438 (2008)

860 N.Y.S.2d 111

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JESUS CAZARES, Appellant.

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

Decided June 26, 2008.

The court properly exercised its discretion in denying defendant's mistrial motion, made when a prosecution witness began to refer to a portion of the nontestifying codefendant's statement that incriminated defendant. An objection cut this testimony off in midsentence, and the court struck it from the record. The court's curative action was sufficient to prevent any prejudice (see People v Santiago, 52 N.Y.2d 865 [1981]). In any...

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