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THE PEOPLE, ETC., RESPONDENT, v. COLIN SALMON, APPELLANT.

DECISION ORDER

ORDERED that the judgment is affirmed.

At trial, the sole eyewitness to the murder of Esther Epps testified that he saw the defendant use the same gun to threaten another woman a few days earlier. Contrary to the defendant's contention, the trial court providently exercised its discretion in denying his motion for a mistrial. The trial court sustained the objection of the defendant's attorney to the testimony and promptly issued a curative instruction alleviating any prejudice that may have resulted from the brief reference to a prior uncharged crime (see, People v. Reed, 176 A.D.2d 972; People v. Aguirre, 248 A.D.2d 717).

The defendant's sentence was neither harsh nor excessive (see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are either unpreserved for appellate review (see, CPL 470.05), or without merit.

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PEOPLE v. SALMON
(Mar 5, 2001)