PEOPLE v. HERNANDEZ

562, 5040/11.

137 A.D.3d 603 (2016)

27 N.Y.S.3d 50

2016 NY Slip Op 02028

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE HERNANDEZ, Appellant.

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

Decided March 22, 2016.


The court properly exercised its discretion in denying defendant's mistrial motion, made after the prosecutor asked a detective whether he had shown the victim any photographs (not necessarily of defendant). The court had sustained defendant's objection, and the prosecutor's unanswered question was not evidence. Moreover, the question did not imply that defendant had a criminal record or otherwise concern uncharged crimes (see...

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