People v. Proctor

Appeal from a judgment of the Supreme Court, Erie County (Russell P Buscaglia, A.J.), rendered December 10, 2010. The judgment convicted defendant, upon a jury verdict, of murder in the second degree and criminal possession of a weapon in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of, inter alia, murder in the second *1291degree (Penal Law § 125.25 [1]). We reject defendant’s contention that Supreme Court erred in denying his motion for a mistrial after a witness…