People v. Martin
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gorges, J.), rendered December 19, 2002, convicting him of murder in the second degree and menacing in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The decision to grant or deny a motion for a mistrial lies within the sound discretion of the trial court, which is in the best position to determine if this drastic remedy is necessary to protect the defendant’s right to a fair trial (see People v Ortiz, 54 NY2d 288, 292 [1981]; People v Smith, 23 AD3d 415 [2005];…
2Cases cited21 opinions
- People v. CrimminsNew York Court of Appeals · 1975
- People v. RomeroNew York Court of Appeals · 2006
- People v. MateoNew York Court of Appeals · 2004
- People v. AshwalNew York Court of Appeals · 1976
- People v. PoblinerNew York Court of Appeals · 1973
16 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
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- People v. MorrisonAppellate Division of the Supreme Court of the State of New York · 2009
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