People v. Johnson

Judgment, Supreme Court, Bronx County (Irene Duffy, J.), rendered March 29, 1993, convicting defendant, after a jury trial, of grand larceny in the fourth degree, and sentencing him, as a second felony offender, to a term of 1⅔ to 3⅓ years, unanimously affirmed.

The trial court properly exercised its discretion in denying defendant’s mistrial motion made after a prosecution witness, in response to an inquiry by the court during cross-examination, referred to an incriminating statement made by defendant at the time of his arrest. Any prejudice that may have resulted by the statement was cured…