Appellate Division of the Supreme Court of the State of New York June 21, 2007 (People v. Ortiz)

Judgment, Supreme Court, Bronx County (Richard Lee Price, J.), rendered April 6, 2006, convicting defendant, after a jury trial, of burglary in the third degree, and sentencing him, as a persistent felony offender, to a term of 15 years to life, unanimously affirmed.

The court properly exercised its discretion in denying defendant’s mistrial motion based on a portion of the prosecutor’s summation.