PEOPLE v. OCHOA (2005)

Judgment, Supreme Court, Bronx County (Patricia Anne Williams, J.), rendered May 8, 2003, convicting defendant, after a jury trial, of criminal sale of a controlled substance in or near school grounds, criminal sale of a controlled substance in the third degree, and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 6 to 12 years, unanimously affirmed.

The court properly exercised its discretion in denying defendant's request for a mistrial made on the basis of a witness's unsolicited reference to uncharged crimes.   The court's curative actions were sufficient to prevent any undue prejudice (see People v. Santiago, 52 N.Y.2d 865, 437 N.Y.S.2d 75, 418 N.E.2d 668 [1981];  People v. Young, 48 N.Y.2d 995, 425 N.Y.S.2d 546, 401 N.E.2d 904 [1980] ).   Furthermore, the challenged evidence did not deprive defendant of a fair trial (see People v. Pressley, 216 A.D.2d 202, 628 N.Y.S.2d 682 [1995], lv. denied 86 N.Y.2d 800, 632 N.Y.S.2d 514, 656 N.E.2d 613 [1995] ), and there was overwhelming evidence of defendant's guilt.

We perceive no basis for reducing the sentence.

We have considered and rejected defendant's remaining arguments.