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PEOPLE v. DIANA

255 A.D.2d 149 (1998)

681 N.Y.S.2d 16

The People of the State of New York, Respondent, v. Jose Diana, Appellant

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

November 10, 1998

The court properly exercised its discretion in denying defendant's motion for a mistrial made on the ground that the prosecutor asked him two improper drug-related questions during cross-examination, since the court sustained the objections to the questions before defendant answered them and promptly instructed the jurors to disregard the questions and that the questions did not constitute evidence (People v Angel,

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