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People v. O'Garro

293 A.D.2d 763 Court N.Y. App. Div. Decision date 2002-04-29 English

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p. 763
The People of the State of New York, Respondent, v Antoine O’Garro, Appellant.
[741 NYS2d 447]

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Buchter, J.), rendered January 7, 1999, convicting him of grand larceny in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

p. 764
Contrary to the defendant’s contention, he was not denied his right to a fair trial by a brief reference in the complainant’s testimony to an uncharged incident involving a slashing. The Supreme Court sustained the defendant’s objection, struck the offending testimony, and issued a prompt curative instruction (see People v Santiago, 52 NY2d 865 ; People v Vincent, 250 AD2d 787 ). Consequently, the Supreme Court providently exercised its discretion in denying the defendant’s motion for á mistrial (see People v Santiago, supra; People v Ortega, 224 AD2d 552 ; People v Lockhart, 220 AD2d 690 ).

The defendant’s remaining contentions are unpreserved for appellate review. Ritter, J.P., Feuerstein, Goldstein and Cozier, JJ., concur.

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