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PEOPLE v. JOYNER

Appellate Division of the Supreme Court of New York, Second Department.
Jun 25, 2002
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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 A.D.2d 460; People v. Herrera, 287 A.D.2d 579, lv denied 97 N.Y.2d 705; People v. Perez, 265 A.D.2d 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 A.D.2d 780, 781; see generally People v. Melendez, 55 N.Y.2d 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 A.D.2d 192).

The defendant's remaining contention is without merit.

O'BRIEN, J.P., H. MILLER, SCHMIDT and COZIER, JJ., concur.