Legal Opinion
People v. McCovery
Appellate Division of the Supreme Court of the State of New York
Decided October 2, 1998PublishedCited by 5 opinions
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him of rape in the first degree (Penal Law § 130.35 [1]), sexual abuse in the first degree (Penal Law § 130.65 [1]) and assault in the second degree (Penal Law § 120.05 [6]).
Defendant contends that he was denied a fair trial by prosecutorial misconduct. Defendant’s only objections to the prosecutor’s improper questions were sustained, however, and defendant did not request a further curative instruction or move for a mistrial. “Thus, the court ‘must be deemed to have corrected the error to the defendant’s…
2Cases cited10 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. BaldiNew York Court of Appeals · 1981
- People v. BeneventoNew York Court of Appeals · 1998
- People v. MaliziaNew York Court of Appeals · 1984
- People v. RubinAppellate Division of the Supreme Court of the State of New York · 1984
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. GoleyAppellate Division of the Supreme Court of the State of New York · 2014
- People v. EberleAppellate Division of the Supreme Court of the State of New York · 1999
- People v. KairisAppellate Division of the Supreme Court of the State of New York · 2004
- GOLEY, KRISTA M., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2014
- People v. GoleyAppellate Division of the Supreme Court of the State of New York · 2014