| People v Ragsdale |
| 2009 NY Slip Op 09256 [68 AD3d 897] |
| December 8, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Trevis Ragsdale, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Thomas M. Rossof counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Hall, J.),rendered September 13, 2004, convicting him of murder in the second degree, upon a juryverdict, and imposing sentence.
Ordered that the judgment is affirmed.
The trial court providently exercised its discretion in precluding expert testimony on falseconfessions and as to the defendant's susceptibility to police interrogation techniques (seePeople v Lee, 96 NY2d 157, 162 [2001]; People v Herrnkind, 49 AD3d 555, 555 [2008]; People v Days, 31 AD3d 574, 575[2006]; People v Green, 250 AD2d 143, 146-147 [1998]; People v Lea, 144AD2d 863, 864-865 [1988]).
The defendant has not preserved for appellate review his contentions that the policedetective's testimony regarding two witnesses' identification of him as the perpetrator of thecharged crimes constituted improper bolstering (see People v Bryan, 50 AD3d 1049, 1050 [2008]; People v Nanton, 18 AD3d 671,672 [2005]). In any event, the testimony did not constitute improper bolstering because it wasoffered for the relevant, nonhearsay purpose of establishing the reasons behind the detective'sactions, and to complete the narrative of events leading to the defendant's arrest approximately10 days after the charged crimes occurred (see People v Mendoza, 35 AD3d 507 [2006]; People v Smalls,293 AD2d 500 [2002]).
The defendant's contention that he was deprived of his right to confront witnesses againsthim is unpreserved for appellate review (see CPL 470.05 [2]; People v Rodriguez, 28 AD3d 496[2006]; People v Cato, 22 AD3d863 [2005]). In any event, where, as here, "the evidence was admitted not for the truth of thestatement, but to show the detectives' state of mind and to demonstrate how the policeinvestigation evolved" (People vLeftenant, 22 AD3d 603, 605 [2005]), there is no violation of the defendant's right ofconfrontation (see People v Reynoso,2 NY3d 820, 821 [2004]; People v Reyes, 49 AD3d 565, 566 [2008]; People v Reynolds, 46 AD3d 845,845 [2007]; see also Crawford v Washington, 541 US 36, 59 [2004]).
Contrary to the defendant's contention, the granting of a mistrial based on the prosecutor'salleged violation of the court's Molineux ruling (see People v Molineux, 168 NY264 [1901]) would have been [*2]unwarranted as the prejudicialeffect of the prosecutor's isolated and brief reference to a prior uncharged crime was not so greatthat it deprived him of his right to a fair trial in light of the court's prompt action in striking theprosecutor's question and issuing curative instructions to the jury (see People v Santiago,52 NY2d 865, 866 [1981]; People vJackson, 59 AD3d 637 [2009]; People v Brescia, 41 AD3d 613, 613-614 [2007]).
The defendant was not entitled to a missing witness charge (see People v Savinon,100 NY2d 192, 197 [2003]; People v Herrera, 285 AD2d 613 [2001]; People vHernandez, 235 AD2d 367 [1997]). Rivera, J.P., Fisher, Belen and Austin, JJ., concur.