Opinion
Argued October 19, 2001.
November 5, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Sampson, J.), rendered December 22, 1998, convicting him of robbery in the first degree, robbery in the second degree, and unlawful imprisonment in the first degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Barry Stendig and Warren Landau of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Merri Turk Lasky of counsel), for respondent.
Before: SONDRA MILLER, J.P., DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, NANCY E. SMITH, JJ.
ORDERED that the judgment is affirmed.
The decision whether to grant a request for a mistrial rests within the sound discretion of the trial court (see, People v. Ortiz, 54 N.Y.2d 288, 292). In light of the overwhelming evidence of the defendant's guilt (see, People v. Crimmins, 36 N.Y.2d 230, 241-242) and the trial court's repeated curative instructions, the defendant's motion for a mistrial was properly denied (see, People v. Amato, 238 A.D.2d 432, 433; People v. Andujar, 202 A.D.2d 316; People v. Reed, 176 A.D.2d 972, 973).
S. MILLER, J.P., LUCIANO, FEUERSTEIN and SMITH, JJ., concur.