PEOPLE v. DeJESUS (1999)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Sean DeJESUS, Defendant-Appellant.

Decided: April 27, 1999

WILLIAMS, J.P., RUBIN, MAZZARELLI, SAXE and FRIEDMAN, JJ.

Cristina A. Baiata, for Respondent. Catharine Easterly, for Defendant-Appellant.

Judgment, Supreme Court, Bronx County (David Stadtmauer, J.), rendered February 20, 1997, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.

The verdict was not against the weight of the evidence (People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672). Credibility issues were properly placed before the jury and we see no reason to disturb its findings (see, People v. Gaimari, 176 N.Y. 84, 94, 68 N.E. 112).

The court properly exercised its discretion in denying defendant's motion for a mistrial made on the basis of a reference to uncharged crimes, since any possible prejudice to defendant was obviated by the court's prompt curative instruction (see, People v. Young, 48 N.Y.2d 995, 425 N.Y.S.2d 546, 401 N.E.2d 904).

MEMORANDUM DECISION.

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