What is the test for denying a motion for mistrial?

We emphasize that a trial court's ruling denying a motion for mistrial is reviewed under the deferential abuse-of-discretion standard. (People v. McLain (1988) 46 Cal.3d 97, 113.) Indeed, having witnessed the incident, the trial court is in a much better position to assess any prejudicial impact it might have, as well as the ability of curing it by instruction or admonition. (See People v. Hardy (1992) 2 Cal.4th 86, 213.)

"`A jury is presumed to have followed an admonition to disregard improper evidence particularly where there is an absence of bad faith. [Citations.] It is only in the exceptional case that `the improper subject matter is of such a character that its effect . . . cannot be removed by the court's admonitions.' " (People v. Olivencia (1988) 204 Cal.App.3d 1391, 1404.)