Opinion
2002-03215
October 12, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (McDonald, J.), rendered February 26, 2002, convicting him of possession of burglar's tools, upon a jury verdict, and imposing sentence.
Before: Florio, J.P., Luciano, Schmidt and Rivera, JJ., concur.
Ordered that the judgment is affirmed.
Although the prosecutor improperly questioned the defendant regarding a third person's uncharged crime, the trial court providently exercised its discretion in denying the defendant's motion for a mistrial. The trial court's curative instruction alleviated any prejudice to the defendant ( see People v. Santiago, 52 NY2d 865; People v. Torres, 302 AD2d 411; People v. Hernandez, 240 AD2d 759; People v. Caban, 224. AD2d 705 [1996]).