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PEOPLE v. ORTIZ

41 A.D.3d 276 (2007)

836 N.Y.S.2d 877

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SCOTT ORTIZ, Appellant.

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

Decided June 21, 2007.

The court properly exercised its discretion in denying defendant's mistrial motion based on a portion of the prosecutor's summation. The court prevented any possible prejudice when it sustained defendant's objection and provided suitable curative instructions (see e.g. People v Singleton, 270 A.D.2d 190 [2000], lv denied 95 N.Y.2d 858 [2000]).

The court properly exercised its discretion in sentencing defendant as a...

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