People v. Whitely
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Demarest, J.), rendered January 6, 2005, convicting him of attempted robbery in the first degree and attempted robbery in the second degree, upon a jury verdict, and imposing sentence.
*623Ordered that the judgment is affirmed.
The Supreme Court providently exercised its discretion in denying the defendant’s motion for a mistrial. The decision whether to grant a motion for mistrial rests within the sound discretion of the trial court (see People v Ortiz, 54 NY2d 288, 292 [1981]), which is in the best position to determine…
2Cases cited4 opinions
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. OrtizNew York Court of Appeals · 1981
- People v. CooperAppellate Division of the Supreme Court of the State of New York · 1991
- People v. HernandezAppellate Division of the Supreme Court of the State of New York · 2004
3Cited by10 opinions
- People v. TownsendAppellate Division of the Supreme Court of the State of New York · 2012
- People v. ArenaAppellate Division of the Supreme Court of the State of New York · 2010
- People v. BenlossAppellate Division of the Supreme Court of the State of New York · 2009
- People v. BraithwaiteAppellate Division of the Supreme Court of the State of New York · 2015
- People v. JacksonAppellate Division of the Supreme Court of the State of New York · 2009
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