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PEOPLE v. JONES

14188, 668/97.

125 A.D.3d 469 (2015)

999 N.Y.S.2d 744

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STERLING JONES, Appellant.

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

Decided February 10, 2015.

The court properly exercised its discretion in denying defendant's mistrial motions based on an improper question asked by the prosecutor of a rebuttal witness (see People v Ortiz, 54 N.Y.2d 288 [1981]). A mistrial was unwarranted because the question went unanswered and the court minimized any prejudice by way of a thorough curative instruction that the jury is presumed to have followed (see e.g. People v

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