People v. Campbell
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment *998unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: Defendant refused Supreme Court’s offer to give a curative instruction after the court denied defendant’s postsummation motion for a mistrial. Thus, defendant waived his contention that he was denied a fair trial by prosecutorial misconduct on summation (see, People v Restivo, 226 AD2d 1106, Iv denied 88 NY2d 883; People v Lasage, 221 AD2d 1006, Iv denied 88 NY2d 849). In any event, the conduct complained of was not so egregious as to require reversal (see, People v Tolliver, 217…
2Cases cited3 opinions
- People v. RestivoAppellate Division of the Supreme Court of the State of New York · 1996
- People v. LasageAppellate Division of the Supreme Court of the State of New York · 1995
- People v. TolliverAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by1 opinion
- People v. CastroAppellate Division of the Supreme Court of the State of New York · 2001