People v. Taylor — 268 A.D.2d 281

Majority

p. 281

The People of the State of New York, Respondent, v David Taylor, Also Known as Johnny Welcome, Also Known as Edmonds Everett, Appellant.

[700 NYS2d 710]

—Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered June 9, 1997, convicting defendant, after a jury trial, of robbery in the first and second degrees, and sentencing him, as a second violent felony offender, to concurrent terms of 10 years and 7 years, respectively, unanimously affirmed.

The trial court’s denial of defendant’s motion for a mistrial based on a witness’s inadvertent references to an uncharged crime was a proper exercise of discretion (see, People v Ortiz, 54 NY2d 288 , 292), in light of the absence of bad faith on the part of the prosecutor, the striking of references to the uncharged crimes and the delivery of curative instructions (see, People v Ortiz, 216 AD2d 164 , lv denied 86 NY2d 799 ).

Defendant’s ineffective assistance of counsel claim is unsupported by the record (see, People v Baldi, 54 NY2d 137 , 146-147). Defendant’s counsel made appropriate pretrial motions that resulted in the granting of a suppression hearing, received

p. 282

a favorable Molineux ruling, vigorously cross-examined the People’s witnesses both at the suppression hearings and at trial, and, in the face of overwhelming evidence, offered a consistent defense that defendant was misidentified. Concur— Rosenberger, J. P., Mazzarelli, Wallach and Saxe, JJ.

Cases cited

People v. Ortiz 54 NY2d 288 N.Y. 1981-11-23 at 292 p. 281
People v. Ortiz 216 AD2d 164 N.Y. App. Div. 1995-06-22 p. 281
People v. Baldi 54 NY2d 137 N.Y. 1981-10-29 at 146-147 p. 281