People v. Joyner

Jun 24, 2002
Versions:295 A.D.2d 625
744 N.Y.S.2d 877
2002 N.Y. App. Div. LEXIS 6777

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered May 9, 2000, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The introduction of testimony regarding the defendant’s membership in a gang did not constitute reversible error (see People v Newby, 291 AD2d 460; People v Herrera, 287 AD2d 579, lv denied 97 NY2d 705; People v Perez, 265 AD2d 347). Much of this testimony was elicited after the defense counsel opened the door to the matter on cross-examination (see People v Newby, supra; People v Peoples, 143 AD2d 780, 781; see generally People v Melendez, 55 NY2d 445, 451-453). Any potential prejudice to the defendant was alleviated by the trial court’s curative instructions to the jury (see People v Newby, supra; People v Bernard, 224 AD2d 192).

The defendant’s remaining contention is without merit. O’Brien, J.P., H. Miller, Schmidt and Cozier, JJ., concur.