212 A.D.2d 960 624 N.Y.S.2d 986

The People of the State of New York, Respondent, v Massimigliano Carfagna, Appellant.

[624 NYS2d 986]

—Judgment unanimously affirmed. Memorandum: There is no merit to the contention that County Court erred in denying defendant’s motion for a mistrial (see, CPL 280.10 [1]). The court struck the testimony objected to and immediately gave curative instructions that sufficiently eliminated any danger of prejudice to defendant (see, People v Valenti, 199 AD2d 617, 618, Iv denied 83 NY2d 811).

The court’s charge on reasonable doubt as a whole conveyed the proper standard of proof, and the court’s description of the trial as a "search for the truth”, although not favored, does not require reversal (see, People v Simpson, 178 AD2d 500, lv denied 79 NY2d 923). Finally, the court’s charge on the element of causation was legally sufficient (see, Henderson v Kibbe, 431 US 145, 152-154). (Appeal from Judgment of Niagara County Court, Hannigan, J.—Criminally Negligent Homicide.) Present—Denman, P. J., Balio, Fallon, Callahan and Davis, JJ.

People v. Carfagna
212 A.D.2d 960 624 N.Y.S.2d 986

Case Details

Name
People v. Carfagna
Decision Date
Feb 3, 1995
Citations

212 A.D.2d 960

624 N.Y.S.2d 986

Jurisdiction
New York

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