Legal Opinion

People v. Cabrera

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

Decided October 12, 2004PublishedCited by 3 opinions

1Opinion of the Court

*553Appeal by the defendant from a judgment of the Supreme Court, Queens County (McDonald, J.), rendered February 26, 2002, convicting him of possession of burglar’s tools, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Although the prosecutor improperly questioned the defendant regarding a third person’s uncharged crime, the trial court providently exercised its discretion in denying the defendant’s motion for a mistrial. The trial court’s curative instruction alleviated any prejudice to the defendant (see People v Santiago, 52 NY2d 865 [1981]; People v Torres,…

2Cases cited4 opinions

  1. People v. SantiagoNew York Court of Appeals · 1981
  2. People v. CabanAppellate Division of the Supreme Court of the State of New York · 1996
  3. People v. HernandezAppellate Division of the Supreme Court of the State of New York · 1997
  4. People v. TorresAppellate Division of the Supreme Court of the State of New York · 2003

3Cited by3 opinions

  1. People v. GillAppellate Division of the Supreme Court of the State of New York · 2005
  2. People v. HaynesAppellate Division of the Supreme Court of the State of New York · 2007
  3. People v. AvilaAppellate Division of the Supreme Court of the State of New York · 2010

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API