PEOPLE v. REMBERT (2008)

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Adler, J.), rendered July 7, 2005, convicting him of criminal possession of a weapon in the third degree, criminal trespass in the second degree, and possession of burglar's tools, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Upon the exercise of our factual review power (see CPL 470.15[5] ), we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v. Romero, 7 N.Y.3d 633, 826 N.Y.S.2d 163, 859 N.E.2d 902).

 The defendant's contention that the trial court erred in failing to charge the jury on the defense of justification is unpreserved for appellate review (see CPL 470.05[2] ).   In any event, the trial court properly denied the defendant's request for a justification charge since no reasonable view of the evidence supported such a charge (see People v. Cox, 92 N.Y.2d 1002, 684 N.Y.S.2d 473, 707 N.E.2d 428).

 The trial court providently exercised its discretion in denying the defendant's motion for a mistrial.   Any prejudice to the defendant that might have resulted from the testimony of the prosecution's witness was alleviated by the trial court's prompt curative instructions to the jury (see People v. Brescia, 41 A.D.3d 613, 836 N.Y.S.2d 432;  People v. Smith, 23 A.D.3d 415, 804 N.Y.S.2d 774;  People v. Boston, 296 A.D.2d 576, 577, 746 N.Y.S.2d 28).

The sentence imposed was not excessive (see People v. Thompson, 60 N.Y.2d 513, 519, 470 N.Y.S.2d 551, 458 N.E.2d 1228;  People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).