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People v. Huntley

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 2, 1996
224 A.D.2d 987 (N.Y. App. Div. 1996)

Opinion

February 2, 1996

Appeal from the Supreme Court, Monroe County, Bergin, J.

Present — Green, J.P., Pine, Fallon, Callahan and Davis, JJ.


Judgment unanimously affirmed. Memorandum: Supreme Court did not abuse its discretion in denying defendant's motion for a mistrial based upon the introduction of evidence that defendant had previously attended a "drinking driver" program. When it became apparent that the People could not provide an adequate foundation for that evidence, the court granted defendant's request to strike the evidence and instructed the jury to disregard completely any reference to that program. The court's prompt curative instruction alleviated any possible prejudice to defendant (see, People v. Johnson, 219 A.D.2d 809; People v Brooks, 213 A.D.2d 999, lv denied 85 N.Y.2d 970) and the "drastic remedy" of a mistrial was not warranted (People v. Rice, 75 N.Y.2d 929, 933; see, People v. Johnson, supra; People v. Rotundo, 194 A.D.2d 943, 945, lv denied 82 N.Y.2d 726).

The motion to suppress defendant's statement to the police was properly denied. The record supports the court's determination that defendant clearly understood her Miranda rights and implicitly waived them when she willingly answered the officer's questions after receiving the Miranda warnings (see, People v Sirno, 76 N.Y.2d 967, 968). We reject defendant's contention that the People's proof at trial varied from the allegations of the indictment (see, People v. Grega, 72 N.Y.2d 489). The People met their burden of showing the authenticity of the blood sample used to determine defendant's blood alcohol level (see, People v Arthur, 99 A.D.2d 595; see also, People v. Julian, 41 N.Y.2d 340, 343). The sentence imposed is not unduly harsh or severe.


Summaries of

People v. Huntley

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 2, 1996
224 A.D.2d 987 (N.Y. App. Div. 1996)
Case details for

People v. Huntley

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHIRLEY HUNTLEY…

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

Date published: Feb 2, 1996

Citations

224 A.D.2d 987 (N.Y. App. Div. 1996)
637 N.Y.S.2d 836

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