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York v. State

The defense opened the door to unfavorable testimony on cross-examination; therefore, the trial court properly denied the defendant's motion for a mistrial after the State inquired further on redirect examination.

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After a jury trial, Abdurraashiyd York was convicted of two counts of burglary of gas station convenience stores. York appeals, claiming that the trial court erred in denying his motion for a mistrial after one of his accomplices testified that she had been threatened by members of York’s gang. But because York opened the door to such testimony, the trial court did not err in denying a mistrial.

At trial, Christina Craig, who had previously pled guilty to the two burglaries, testified for the prosecution that she drove York and another accomplice in her car to the burglarized stores, and that as they were fleeing from the scene of the second burglary they were pulled over by officers and arrested. On cross-examination, York’s attorney questioned Craig about her role in the crimes and her plea bargain with the state, and she testified that she had not driven York and his accomplice willingly. Defense counsel then asked her if a gun had been put to her head or if she had been threatened. She testified that a gun had not been pointed at her, but that she, her children and her mother had all been threatened. York’s attorney asked if York had threatened her, and she testified, “I didn’t necessarily say it was him, but I know it’s people that he’s connected to.”

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