PEOPLE v. DIANA (1998)

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

The PEOPLE of the State of New York, Respondent, v. Jose DIANA, Defendant-Appellant.

Decided: November 10, 1998

Before MILONAS, J.P., and ELLERIN, RUBIN, TOM and SAXE, JJ.

Theresa A. Foudy, for respondent. Kenneth Walsh, for defendant-appellant.

Judgment, Supreme Court, New York County (George Daniels, J.), rendered April 25, 1996, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him to a term of 1 1/313 to 4 years, unanimously affirmed.

The court properly exercised its discretion in denying defendant's motion for a mistrial made on the ground that the prosecutor asked him two improper drug-related questions during cross-examination, since the court sustained the objections to the questions before defendant answered them and promptly instructed the jurors to disregard the questions and that the questions did not constitute evidence (People v. Angel, 238 A.D.2d 210, 211, 656 N.Y.S.2d 256, lv. denied 90 N.Y.2d 1009, 666 N.Y.S.2d 104, 688 N.E.2d 1387; People v. Terry, 219 A.D.2d 529, 631 N.Y.S.2d 677, lv. denied 87 N.Y.2d 851, 638 N.Y.S.2d 610, 661 N.E.2d 1392). Further, the court instructed the jury in this regard in its preliminary instructions and final charge.

We have considered and rejected defendant's related claims.

MEMORANDUM DECISION.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network