Torts · MBE-tested

The People of the State of New York, Respondent, v. Jason Bentley, Appellant

284 A.D.2d 546727 N.Y.S.2d 629·New York Supreme Court, Appellate Division·2001·NY

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Opinion

The People of the State of New York, Respondent, v Jason Bentley, Appellant. [727 NYS2d 629] [MAJORITY] —Appeal by the defendant from a judgment of the Supreme Court, Kings County (J. Goldberg, J.), rendered April 22, 1999, convicting him of murder in the second degree and assault in the first degree, upon a jury verdict, and imposing sentence. Ordered that the judgment is affirmed. The Supreme Court providently exercised its discretion in denying the defendant’s motion for a mistrial (see, People v Ortiz, 54 NY2d 288). Any potential prejudice to the defendant that might have arisen from the detective’s brief testimony relating to an uncharged crime was alleviated when the court gave a prompt curative instruction (see, People v Biggs, 280 AD2d 484, lv denied 96 NY2d 797; People v Vincent, 250 AD2d 787). Santucci, J. P., Krausman, McGinity and Feuerstein, JJ., concur.