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Legal Opinion

People v. Spencer

Appellate Division of the Supreme Court of the State of New York

Decided July 5, 2013Published

1Opinion of the Court

Appeal from a judgment of the Livingston County Court (Dennis S. Cohen, J.), rendered January 13, 2011. The judgment convicted defendant, upon a jury verdict, of assault in the second degree (two counts) and failure to keep right.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon a jury verdict of, inter alia, two counts of assault in the second degree (Penal Law § 120.05 [4]), defendant contends that he was denied a fair trial based on prosecutorial misconduct. We reject that contention. When defense…

2Cases cited18 opinions

  1. People v. MorenoNew York Court of Appeals · 1987
  2. People v. HurleyNew York Court of Appeals · 1990
  3. People v. ShulmanNew York Court of Appeals · 2005
  4. People v. WernickNew York Court of Appeals · 1996
  5. People v. BrownNew York Court of Appeals · 1994

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