People v. Hernandez

Judgment, Supreme Court, New York County (A. Kirke Bartley, Jr., J.), rendered April 5, 2012, convicting defendant, after a jury trial, of assault in the first degree (two counts), criminal use of a firearm in the first degree (two counts), and reckless endangerment in the second degree, and sentencing him to an aggregate term of 10 years, unanimously affirmed.

The court properly exercised its discretion in denying defendant’s mistrial motion, made after the prosecutor asked a detective whether he had shown the victim any photographs (not necessarily of defendant). The court had sustained…