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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD KIRK, Appellant.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, he was not denied his right to a fair trial by a brief reference in a police detective's testimony to the defendant's prior arrests. The Supreme Court sustained the defendant's objection, struck the offending testimony, and issued a prompt curative instruction ( see People v. O'Garro, 293 AD2d 763, 764). Any prejudice to the defendant that might have arisen from the detective's testimony was alleviated when the Supreme Court gave a prompt curative instruction ( see People v. Vincent, 250 AD2d 787, 788).

The defendant's remaining contentions either are unpreserved for appellate review or without merit.

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PEOPLE v. KIRK
(Nov 22, 2004)