PEOPLE v. WASHINGTON

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

The PEOPLE of the State of New York, Respondent, v. James WASHINGTON, Defendant-Appellant.

Decided: February 14, 2006

TOM, J.P., MAZZARELLI, SAXE, NARDELLI, McGUIRE, JJ. Laura R. Johnson, The Legal Aid Society, New York (Joanne Legano Ross of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York (Timothy M. Russo of counsel), for respondent.

Judgment, Supreme Court, New York County (Robert H. Straus, J.), rendered February 26, 2004, convicting defendant, after a jury trial, of criminal trespass in the second degree, criminal contempt in the second degree and resisting arrest, and sentencing him to an aggregate term of 1 year, unanimously affirmed.

 The court properly admitted evidence that one of the victims felt “scared,” since that testimony completed the narrative and was not unduly prejudicial.   Since defendant did not request any further relief after his objections were sustained with curative instructions, his remaining challenges to allegedly irrelevant and inflammatory evidence are unpreserved and we decline to review them in the interest of justice.   Were we to review these claims, we would find that the court's instructions, which the jury is presumed to have followed (see People v. Davis, 58 N.Y.2d 1102, 462 N.Y.S.2d 816, 449 N.E.2d 710 [1983] ), were sufficient to prevent any undue prejudice.   In any event, defendant was acquitted of burglary and endangering the welfare of a child, the only charges he contested at trial.