← Cases

People v. DeJesus

260 A.D.2d 301 Court N.Y. App. Div. Decision date 1999-04-27 English

Contents

Majority

p. 301
The People of the State of New York, Respondent, v Sean DeJesus, Appellant.
[690 NYS2d 178]

—Judgment, Supreme Court, Bronx County (David Stadtmauer, J.), rendered February 20, 1997, 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.

The verdict was not against the weight of the evidence (People v Bleakley, 69 NY2d 490 , 495). Credibility issues were properly placed before the jury and we see no reason to disturb its findings (see, People v Gaimari, 176 NY 84 , 94).

The court properly exercised its discretion in denying defendant’s motion for a mistrial made on the basis of a reference to uncharged crimes, since any possible prejudice to defendant was obviated by the court’s prompt curative instruction (see, People v Young, 48 NY2d 995 ). Concur — Williams, J. P., Rubin, Mazzarelli, Saxe and Friedman, JJ.

Cases cited