Opinion
No. 2005-06912.
June 3, 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.
Janet DiFiore, District Attorney, White Plains, N.Y. (Hae Jin Liu, Richard Longworth Hecht, and Anthony J. Servino of counsel), for respondent.
Before: Mastro, J.P., Spolzino, Balkin and Leventhal, JJ.
Ordered that the judgment is affirmed.
Upon the exercise of our factual review power ( see CPL 470.15), we are satisfied that the verdict of guilt was not against the weight of the evidence ( see People v Romero, 7 NY3d 633).
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). 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 NY2d 1002).
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 AD3d 613; People v Smith, 23 AD3d 415; People v Boston, 296 AD2d 576, 577).
The sentence imposed was not excessive ( see People v Thompson, 60 NY2d 513, 519; People v Suitte, 90 AD2d 80).