ORDERED that the judgment is affirmed.
The hearing court did not err in denying that branch of the defendant's omnibus motion which was to suppress a written statement made by him to the police, since the credible evidence established that it was given after he knowingly and intelligently waived his Miranda rights (see, People v. Padilla, 133 A.D.2d 353, 354; People v. Croney, 121 A.D.2d 558, 559).
The denial of the defendant's request for a mistrial after the People's opening statement was not an improvident exercise of discretion (see, People v. Young, 48 N.Y.2d 995). Whether to grant a request for a mistrial rests within the sound discretion of the trial court (see, People v. Ortiz, 54 N.Y.2d 288), which is in the best position to determine if it is necessary to protect the defendant's right to a fair trial (see, People v. Cooper, 173 A.D.2d 551, 552). Here, the court's limiting instruction alleviated any prejudice that may have resulted from the prosecutor's improper comment (see, People v. Young, supra).
SANTUCCI, J.P., JOY, FRIEDMANN, and GOLDSTEIN, JJ., concur.