Appellate Division of the Supreme Court of the State of New York January 5, 2010 (People v. Marte)

The court properly exercised its discretion in denying defendant’s mistrial motion based on the prosecutor’s summation. The challenged portions of the summation did not deprive defendant *406of a fair trial (see generally People v D’Alessandro, 184 AD2d 114, 118-119 [1992], lv denied 81 NY2d 884 [1993]).