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PEOPLE v. HERNANDEZ

286 A.D.2d 623 (2001)

730 N.Y.S.2d 229

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL HERNANDEZ, Appellant.

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

Decided September 20, 2001.

The court properly exercised its discretion in denying defendant's request for a mistrial based upon testimony from the arresting detective concerning a photo identification by the complainant, since defendant opened the door to such testimony and actually elicited it during cross-examination (see, People v Cuiman, 229 A.D.2d 280, lv denied 90 N.Y.2d 903). Likewise, the court properly exercised its discretion in denying defendant...

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