People v. Bentley

• Decision Date: 25 June 2001
• Docket Number: No. 10116,10116
• Citation: 727 N.Y.S.2d 629
• Parties: (A.D. 2 Dept. 2001) The People, etc., respondent, v. Jason Bentley, appellant. (Ind./97) 1999-03961 : SECOND JUDICIAL DEPARTMENT
• Court: New York Supreme Court — Appellate Division

Page 629

727 N.Y.S.2d 629 (A.D. 2 Dept. 2001)

The People, etc., respondent, v. Jason Bentley, appellant. (Ind. No. 10116/97)

1999-03961

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

June 25, 2001

Andrew C. Fine, New York, N.Y. (Bryan Lonegan of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Thomas S. Burka of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (J. Goldberg, J.), rendered April 22, 1999, convicting him of murder in the second degree and assault in the first degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The Supreme Court providently exercised its discretion in denying the defendant's motion for a mistrial (see, People v Ortiz, 54 N.Y.2d 288). Any potential prejudice to the defendant that might have arisen from the detective's brief testimony relating to an uncharged crime was alleviated when the court gave a prompt curative instruction (see, People v Biggs, 280 A.D.2d 484, lv denied N.Y.2d [Apr. 16, 2001]; People v Vincent, 250 A.D.2d 787).

SANTUCCI, J.P., KRAUSMAN, McGINITY and FEUERSTEIN, JJ., concur.