Opinion
August 26, 1985
Appeal from the Supreme Court, Kings County (Kay, J.).
Judgment affirmed.
The evidence adduced at trial was sufficient to permit a rational trier of fact to conclude, as did the jury at bar, that defendant was guilty of manslaughter in the first degree (Penal Law § 125.20; People v. Contes, 60 N.Y.2d 620, 621; see also, People v. Rosenfeld, 93 A.D.2d 872).
Defendant argues that reversible error occurred when one of the witnesses to the incident in issue testified that when defendant initially approached the group of people which included the victim and the witness, defendant stated to the witness "I stabbed your son". We conclude that no reversible error occurred because an objection to this prejudicial testimony concerning an uncharged crime was immediately sustained and prompt curative instructions were given ( People v. Santiago, 52 N.Y.2d 865; People v. Young, 48 N.Y.2d 995). Unlike defendant's first trial, at which three witnesses testified at length concerning defendant's stabbing of the witness' son, the challenged testimony here consisted only of the one reference to the uncharged crime, and this reference was promptly cured as noted ( see, People v. Burnell, 84 A.D.2d 566, lv denied 55 N.Y.2d 827). Defendant received a fair trial and the judgment of conviction is therefore affirmed. Lazer, J.P., Thompson, O'Connor and Niehoff, JJ., concur.