PEOPLE v. LINTON

1032, 5532/10.

139 A.D.3d 416 (2016)

29 N.Y.S.3d 165

2016 NY Slip Op 03434

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL LINTON, Appellant.

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

Decided May 3, 2016.


The court properly exercised its discretion in denying defendant's mistrial motion, made after a police witness revealed uncharged crime evidence that the court had precluded. The court sustained defense counsel's objection, struck the response, recalled the witness to give clarifying testimony favorable to defendant and twice provided curative instructions which the jury is presumed to have followed (see People v Davis, 58 N.Y.2d 1102<...

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