People v. Malave

—Judgment, Su*364preme Court, Bronx County (Edward Davidowitz, J.), rendered February 24, 1995, convicting defendant, after a jury trial, of manslaughter in the second degree and criminal possession of a weapon in the second degree, and sentencing him to consecutive terms of 5 to 15 years and 2 to 6 years, respectively, unanimously affirmed.

The court properly exercised its discretion in denying defendant’s belated mistrial motion made on the ground that the People had attempted to elicit precluded testimony, since defendant’s objection was sustained before the witness had an opportunity to answer…