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PEOPLE v. GILLARD

4354. 2205/13.

151 A.D.3d 622 (2017)

2017 NY Slip Op 05168

54 N.Y.S.3d 296

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK GILLARD, Also Known as FRANK GILLIARD, Appellant.

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

Decided June 22, 2017.

When, during a lengthy narrative of the events surrounding the robbery, the victim briefly mentioned evidence that had been suppressed, the court properly exercised its discretion (see People v Ortiz, 54 N.Y.2d 288, 292 [1981]) in denying defendant's mistrial motion. The court sustained objections to this testimony, and defendant did not request a curative instruction or any relief short of a mistrial (see People v Young,...

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