Legal Opinion

People v. Rivera

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

Decided December 7, 1999Published

1Opinion of the Court

—Judgment, Supreme Court, Bronx County (Harold Silverman, J.), rendered September 21, 1995, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4x/2 to 9 years, unanimously affirmed.

*47The record does not support defendant’s claim that he was denied a fair trial by alleged prosecutorial misconduct in presentation of evidence and in summation. Defendant’s mistrial motion concerning an isolated summation remark was properly denied since the court’s curative instructions were…

2Cases cited4 opinions

  1. People v. BaldiNew York Court of Appeals · 1981
  2. People v. BeneventoNew York Court of Appeals · 1998
  3. People v. OverleeAppellate Division of the Supreme Court of the State of New York · 1997
  4. People v. LuquisAppellate Division of the Supreme Court of the State of New York · 1998

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