Legal Opinion

People v. Kirk

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

Decided November 22, 2004PublishedCited by 3 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), rendered May 2, 2001, convicting him of robbery in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, he was not denied his right to a fair trial by a brief reference in a police detective’s testimony to the defendant’s prior arrests. The Supreme Court sustained the defendant’s objection, struck the offending testimony, and issued a prompt curative instruction (see People v O’Garro, 293 AD2d 763, 764 [2002]). Any…

2Cases cited2 opinions

  1. People v. VincentAppellate Division of the Supreme Court of the State of New York · 1998
  2. People v. O'GarroAppellate Division of the Supreme Court of the State of New York · 2002

3Cited by3 opinions

  1. People v. BenlossAppellate Division of the Supreme Court of the State of New York · 2009
  2. People v. MorrisAppellate Division of the Supreme Court of the State of New York · 2020
  3. People v. RabadyAppellate Division of the Supreme Court of the State of New York · 2006

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