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People v. Ochoa

Appellate Division of the Supreme Court of New York, First Department
Jun 28, 2005
19 A.D.3d 302 (N.Y. App. Div. 2005)

Opinion

6350.

June 28, 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.

Richard M. Greenberg, Office of the Appellate Defender, New York, and Linklaters, New York (Andrea Fort of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Leilani J. Rodriguez of counsel), for respondent.

Before: Tom, J.P., Friedman, Gonzalez and Catterson, JJ.


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 NY2d 865; People v. Young, 48 NY2d 995). Furthermore, the challenged evidence did not deprive defendant of a fair trial ( see People v. Pressley, 216 AD2d 202, lv denied 86 NY2d 800), 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.


Summaries of

People v. Ochoa

Appellate Division of the Supreme Court of New York, First Department
Jun 28, 2005
19 A.D.3d 302 (N.Y. App. Div. 2005)
Case details for

People v. Ochoa

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERNESTO OCHOA…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 28, 2005

Citations

19 A.D.3d 302 (N.Y. App. Div. 2005)
798 N.Y.S.2d 408

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