Majority
p. 191The People of the State of New York, Respondent, v Carlos Samper, Appellant. [657 NYS2d 640]
Judgment, Su
p. 192
preme Court, New York County (Jay Gold, J.), rendered March 18, 1993, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.
As a whole, the court’s supplemental charges on evaluating witnesses’ credibility adequately conveyed the proper standards (P eople v Fields, 87 NY2d 821 ).
The court properly exercised its discretion when it denied defendant’s motion for a mistrial since the court promptly struck the offending testimony and issued curative instructions to the jury (People v Owens, 214 AD2d 480 , 481, lv denied 86 NY2d 799 ). The court properly declined to discharge the purportedly deadlocked jury, which had deliberated over a 2-day period, during which it requested and obtained extensive readback and re-instruction (Matter of Plummer v Rothwax, 63 NY2d 243 ). Concur—Murphy, P. J., Rosenberger, Wallach, Tom and Andrias, JJ.
Cases cited
- People v. Fields 87 NY2d 821 p. 192
- People v. Owens 214 AD2d 480 at 481 p. 192
- Plummer v. Rothwax 63 NY2d 243 p. 192