Case Detail
CitationPeople v. Benavides, 792 N.Y.S.2d 138 (N.Y. App. Div. 2005)
CrimeNon-violent, other
StateNY
Pros. First NameThomas
Pros. Last NameSpota
FederalNo
Trial Year2003
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that any error arising from the fact that the prosecutor improperly elicited testimony of a prior uncharged crime by the defendant was remedied by the court's prompt curative action. "The defendant contends that during redirect examination of a prosecution witness, the prosecutor improperly elicited testimony of a prior uncharged crime by the defendant [citation omitted]. Following this testimony, the court issued a curative instruction to the jury, striking the question and answer from the record. This prompt curative action was sufficient to remedy any error."
Determination Year2005
Misconduct TypeTR: Inadmissible
TR: Inflammatory
C/S EffectNo effect
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttps://casetext.com/case/people-v-benavides-10