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State v. Gemler1/16/2004
agree with the trial court that under the circumstances of this case the statement does not rise to the level of prejudice that would require a mistrial. The trial court's decision noted that the statement was inadvertent and not elicited in bad faith. Moreover, as the trial court further observed, a report that the vehicle was being operated erratically could not be said to prejudice defendant, in light of his defense that he was not operating the vehicle.
Affirmed.
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