People v. English
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Defendant contends that Supreme Court erred in denying his motion for a mistrial based on the prosecutor’s failure to disclose a portion of a surveillance videotape (see, CPL 240.20 [1] [g]). We disagree. The court’s curative instruction to the jury eliminated any prejudice to defendant (see, People v Van Vleet, 256 AD2d 1181, 1182; see also, People v Kelly, 62 NY2d 516, 520-521). Defendant further contends that he was denied a fair trial when the court allowed a witness to invoke the Fifth Amendment privilege against self-incrimination. Even…
2Cases cited3 opinions
- People v. KellyNew York Court of Appeals · 1984
- People v. OwusuAppellate Division of the Supreme Court of the State of New York · 1996
- People v. Van VleetAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by1 opinion
- People v. FaethAppellate Division of the Supreme Court of the State of New York · 2002