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PEOPLE v. CHRISTIAN

2014-04354, Ind. No. 1441/12.

139 A.D.3d 870 (2016)

29 N.Y.S.3d 817

2016 NY Slip Op 03750

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MITCHELL CHRISTIAN, Appellant.

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

Decided May 11, 2016.

Ordered that the judgment is affirmed.

"`[T]he decision to declare a mistrial rests within the sound discretion of the trial court which is in the best position to determine if this drastic remedy is truly necessary to protect the defendant's right to a fair trial'" (People v Knorr, 284 A.D.2d 411, 412 [2001], quoting People v Williams, 264 A.D.2d 745, 746 [1999]; see People v...

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