People v. Sandy
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Carro, J.
Reversal may well be an ill-suited remedy for prosecutorial misconduct when the cumulative effect of that conduct has not impinged detrimentally on a defendant’s due process right to a fair trial or when the Trial Judge has nullified the prejudicial impact of that misconduct with prompt, curative instructions to the jury and forceful admonitions directed at the prosecutor. (See, People v Galloway, 54 NY2d 396, 399, 401.) However, when the misconduct is so pervasive, so egregious and results in violations of fundamental due process rights, and the prosecutor’s…
2Cases cited10 opinions
- People v. GallowayNew York Court of Appeals · 1981
- People v. DawsonNew York Court of Appeals · 1980
- People v. ConyersNew York Court of Appeals · 1981
- People v. CavallerioAppellate Division of the Supreme Court of the State of New York · 1979
- People v. HicksAppellate Division of the Supreme Court of the State of New York · 1984
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- People v. D'AlessandroAppellate Division of the Supreme Court of the State of New York · 1992
- People v. BhupsinghAppellate Division of the Supreme Court of the State of New York · 2002
- People v. BowieAppellate Division of the Supreme Court of the State of New York · 1994
- People v. RudolphAppellate Division of the Supreme Court of the State of New York · 1990
- People v. LoganAppellate Division of the Supreme Court of the State of New York · 1995
11 more not listed; retrieve them via the Exa API.