Legal Opinion

People v. Dubose

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

Decided June 9, 1998Published

1Opinion of the Court

—Judgment, Supreme Court, New York County (Budd Goodman, J.), rendered June 14, 1996, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 6 to 12 years, unanimously affirmed.

The court properly denied defendant’s request for a mistrial, since it cured any prejudice by immediately striking from the record the inadvertent elicitation by the People of defendant’s possession of a crack pipe, contrary to the court’s in limine ruling, and by issuing a contemporaneous curative…

2Cases cited4 opinions

  1. People v. MartinezNew York Court of Appeals · 1993
  2. People v. RamosNew York Court of Appeals · 1997
  3. People v. YoungNew York Court of Appeals · 1980
  4. People v. RomanAppellate Division of the Supreme Court of the State of New York · 1994

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