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PEOPLE v. MARTIN

54 A.D.3d 776 (2008)

863 N.Y.S.2d 491

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SYLVAN MARTIN, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 9, 2008.

Ordered that the judgment is Affirmed.

The decision to grant or deny a motion for a mistrial lies within the sound discretion of the trial court, which is in the best position to determine if this drastic remedy is necessary to protect the defendant's right to a fair trial (see People v Ortiz, 54 N.Y.2d 288, 292 [1981]; People v Smith, 23 A.D.3d 415 [2005]; People v Williams,...

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