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PEOPLE v. CABAN

224 A.D.2d 705 (1996)

638 N.Y.S.2d 966

The People of the State of New York, Respondent, v. Moses Caban, Appellant

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

February 26, 1996

Ordered that the judgment is affirmed.

Although the prosecutor improperly questioned two witnesses concerning a prior, uncharged crime, the trial court did not act improperly in denying the defendant's motion for a mistrial. The decision to grant or deny such a motion is within the trial court's discretion (see, People v Ortiz, 54 N.Y.2d 288, 292). The trial court properly exercised its discretion in this regard, and...

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