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PEOPLE v. CRUZ

279 A.D.2d 359 (2001)

718 N.Y.S.2d 853

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID CRUZ, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided January 18, 2001.

The court properly denied defendant's mistrial motion based on testimony regarding an uncharged assault upon the victim's friend which occurred shortly before defendant shot the victim. The court struck the testimony and strongly instructed the jury to disregard it, which was sufficient to eliminate any potential prejudice under the circumstances of the case, including the overwhelming evidence of defendant's guilt (see, People...

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