Appellate Division of the Supreme Court of the State of New York November 19, 1997 (People v. Buffin)

—Judgment unanimously affirmed. Memorandum: Because of an inadvertent reference by a witness to a “photo array” at defendant’s first trial, defense counsel moved for a mistrial. Over the People’s objection, defendant’s motion for a mistrial was granted and, without objection, a new trial was scheduled.