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PEOPLE v. BARTON

248 A.D.2d 211 (1998)

669 N.Y.S.2d 594

The People of the State of New York, Respondent, v. Ivan Barton, Appellant

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

March 12, 1998

The court properly exercised its discretion in denying defendant's motion for a mistrial based upon the verbal exchange between defendant and the court in the presence of the jury, which was orchestrated by defendant's attempts to disrupt the trial (see, People v Mabre, 166 A.D.2d 339, 340, lv denied 77 N.Y.2d 879). The court removed the jurors from the courtroom as soon as...

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