Opinion
February 26, 1996
Appeal from the Supreme Court, Kings County (Feldman, J.).
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 gave a curative instruction which alleviated any prejudice to the defendant arising from the mention of the uncharged criminal act (see, People v. Santiago, 52 N.Y.2d 865).
The defendant's remaining contentions are either unpreserved for appellate review or without merit. O'Brien, J.P., Sullivan, Copertino and Joy, JJ., concur.