Opinion
May 26, 1998
Appeal from the Supreme Court, Queens County (Blumenfeld, J.).
Ordered that the judgment is affirmed.
The decision to grant or deny a motion for a mistrial is within the trial court's discretion (see, People v. Ortiz, 54 N.Y.2d 288, 292; People v. Caban, 224 A.D.2d 705; People v. Hayden, 221 A.D.2d 367, 368). In this case, the court did not improvidently exercise its discretion in denying the defendant's request for a mistrial.
The defendant's remaining contentions are either unpreserved for appellate review, without merit, or do not warrant reversal.
Mangano, P. J., Thompson, Santucci and Altman, JJ., concur.