Legal Opinion

People v. James

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

Decided September 27, 1996PublishedCited by 1 opinion

1Opinion of the Court

Judgment unanimously affirmed. Memorandum: Defendant has not met his "high burden of demonstrating that he was deprived of a fair trial by less than meaningful representation” (People v Hobot, 84 NY2d 1021, 1022). Defendant failed to preserve for our review his contentions that County Court’s Allen charge (see, Allen v United States, 164 US 492, 501-502) was unduly coercive (see, People v White, 166 AD2d 910, lv denied 76 NY2d 992) and that the prosecutor’s improper remarks on summation deprived him of a fair trial (see, People v Chaney, 155 AD2d 985). We decline to exercise our power to…

2Cases cited4 opinions

  1. Allen v. United StatesSupreme Court of the United States · 1896
  2. People v. HobotNew York Court of Appeals · 1995
  3. People v. WhiteAppellate Division of the Supreme Court of the State of New York · 1990
  4. People v. ChaneyAppellate Division of the Supreme Court of the State of New York · 1989

3Cited by1 opinion

  1. People v. MillerAppellate Division of the Supreme Court of the State of New York · 2002

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