Legal Opinion

People v. Hodges

New York Supreme Court

Decided January 27, 1997Published

1Opinion of the Court

*227OPINION OF THE COURT

Martin J. Schulman, J.

This is a motion pursuant to CPL 330.30 (1) to set aside the verdict on the ground that certain remarks made by the prosecutor during her summation denied the defendant a fair trial. The People contend that the summation was proper, and that any error was harmless in light of the evidence of defendant’s guilt, the court’s curative instructions, and the court’s main charge to the jury.

Defendant was charged with criminal possession of a controlled substance in the third degree (Penal Law § 220.16) and criminal possession of a controlled substance in the…

2Cases cited17 opinions

  1. People v. CrimminsNew York Court of Appeals · 1975
  2. Griffin v. CaliforniaSupreme Court of the United States · 1965
  3. People v. GallowayNew York Court of Appeals · 1981
  4. People v. D'AlessandroAppellate Division of the Supreme Court of the State of New York · 1992
  5. People v. RoopchandAppellate Division of the Supreme Court of the State of New York · 1985

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