People v Cabrera

2004 NYSlipOp 07319

Decided on October 12, 2004

Appellate Division, Second Department

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 12, 2004
APPELLATE DIVISION : SECOND JUDICIAL DEPARMENT
ANITA R. FLORIO, J.P.
DANIEL F. LUCIANO
ROBERT W. SCHMIDT
REINALDO E. RIVERA, JJ.
2002-03215






Laura R. Johnson, Brooklyn, N.Y. (Lorraine Maddalo of counsel),
for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John
M. Castellano, Nicoletta J. Caferri, and
William C. Milaccio of counsel), for
respondent.

Appeal 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; People v Torres, 302 AD2d 411; People v Hernandez, 240 AD2d 759; People v Caban, 224 AD2d 705).
FLORIO, J.P., LUCIANO, SCHMIDT and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court