Legal Opinion

People v. Malave

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

Decided May 3, 2004PublishedCited by 42 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Barbaro, J.), rendered March 22, 2002, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that he was deprived of a fair trial as a result of the prosecutor’s summation is unpreserved for appellate review. He either did not object to the remarks at issue, made only general one-word objections, or his objections were sustained without any further request for curative instructions (see CPL 470.05 [2]; People v Heide,…

2Cases cited13 opinions

  1. People v. MedinaNew York Court of Appeals · 1981
  2. People v. HalmNew York Court of Appeals · 1993
  3. People v. HeideNew York Court of Appeals · 1994
  4. People v. TevahaNew York Court of Appeals · 1994
  5. People v. McHarrisAppellate Division of the Supreme Court of the State of New York · 2002

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

3Cited by42 opinions

  1. People v. SalnaveAppellate Division of the Supreme Court of the State of New York · 2007
  2. People v. PhilbertAppellate Division of the Supreme Court of the State of New York · 2009
  3. People v. ReadAppellate Division of the Supreme Court of the State of New York · 2012
  4. People v. TiroAppellate Division of the Supreme Court of the State of New York · 2012
  5. People v. DavisAppellate Division of the Supreme Court of the State of New York · 2007

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

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