People v. Reynoso — 169 A.D.2d 886

Majority

p. 886

The People of the State of New York, Respondent, v Alidio Reynoso, Also Known as Rafael Rodriguez, Also Known as Eddie, Appellant.

Appeal from a judgment of the County Court of Schenectady County (Harrigan, J.), rendered August 15, 1989, upon a verdict convicting defendant of the crimes of criminal sale of a controlled substance in the second degree, criminal possession of a controlled substance in the third degree (three counts) and criminal sale of a controlled substance in the third degree (two counts).

We find no error by County Court in its denial of defendant’s motion for a mistrial after a witness testified regarding the circumstances of a prior arrest of defendant on another charge. The court immediately gave curative instructions which were sufficient to minimize any prejudice defendant may have suffered as a result of the testimony (see, People v Young, 48 NY2d 995 ; People v Banks, 130 AD2d 498 , lv denied 70 NY2d 709 ). Accordingly, defendant’s contention that a new trial is warranted is rejected.

Judgment affirmed. Mahoney, P. J., Casey, Weiss, Yesawich, Jr., and Levine, JJ., concur.

Cases cited

People v. Young 48 NY2d 995 N.Y. 1980-01-03 p. 886
People v. Banks 130 AD2d 498 N.Y. App. Div. 1987-05-04 p. 886