Legal Opinion

People v. Diana

Appellate Division of the Supreme Court of the State of New York

Decided November 10, 1998Published

1Opinion of the Court

—Judgment, Supreme Court, New York County (George Daniels, J.), rendered April 25, 1996, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him to a term of lVs to 4 years, unanimously affirmed.

The court properly exercised its discretion in denying *150defendant’s motion for a mistrial made on the ground that the prosecutor asked him two improper drug-related questions during cross-examination, since the court sustained the objections to the questions before defendant answered them and promptly instructed the jurors to…

2Cases cited2 opinions

  1. People v. AngelAppellate Division of the Supreme Court of the State of New York · 1997
  2. People v. TerryAppellate Division of the Supreme Court of the State of New York · 1995

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