Legal Opinion

People v. Martin

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

Decided September 9, 2008PublishedCited by 14 opinions

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

  1. People v. CrimminsNew York Court of Appeals · 1975
  2. People v. RomeroNew York Court of Appeals · 2006
  3. People v. MateoNew York Court of Appeals · 2004
  4. People v. AshwalNew York Court of Appeals · 1976
  5. People v. PoblinerNew York Court of Appeals · 1973

16 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. People v. CapehartAppellate Division of the Supreme Court of the State of New York · 2009
  2. People v. ReaderAppellate Division of the Supreme Court of the State of New York · 2016
  3. People v. PhemAppellate Division of the Supreme Court of the State of New York · 2010
  4. People v. BrownAppellate Division of the Supreme Court of the State of New York · 2010
  5. People v. MorrisonAppellate Division of the Supreme Court of the State of New York · 2009

9 more not listed; retrieve them via the Exa API.

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