PEOPLE v. ROBERTS

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him following a jury trial of sexual abuse in the first degree (Penal Law § 130.65), attempted sexual abuse in the first degree (§§ 110.00, 130.65 [1]), endangering the welfare of a child (§ 260.10 [1]), and two counts of assault in the third degree (§ 120.00 [1]). We reject the contention of defendant that County Court erred in denying his motion for a mistrial based on testimony elicited by the People regarding a prior bad act by defendant. "The court's curative instruction alleviated any prejudice to defendant resulting from that testimony, and thus the court properly exercised its discretion in denying his motion" ( People v. Colon, 13 AD3d 1198, 1198-1199, lv denied 4 NY3d 829). The sentence is not unduly harsh or severe. We have considered the issues raised in defendant's pro se supplemental brief and conclude that none warrants reversal.