Legal Opinion

People v. Archer

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

Decided March 1, 2011PublishedCited by 8 opinions

1Opinion of the Court

The defendant’s contention that improper remarks made by the prosecutor in summation deprived him of a fair trial is unpreserved for appellate review (see CPL 470.05 [2]; People v Bey, 71 AD3d 1156 [2010]). In any event, the challenged remarks were proper because they constituted fair comment upon the evidence or fair response to the defense summation, or otherwise remained within the “broad bounds of rhetorical comment permissible in closing argument” (People v Galloway, 54 NY2d 396, 399 [1981]; see People v Cass, 79 AD3d 768 [2010]; People v Perez, 77 AD3d 974 [2010]; People v Bey, 71 AD3d…

2Cases cited9 opinions

  1. People v. BaldiNew York Court of Appeals · 1981
  2. People v. BeneventoNew York Court of Appeals · 1998
  3. People v. StultzNew York Court of Appeals · 2004
  4. People v. GallowayNew York Court of Appeals · 1981
  5. People v. DorganAppellate Division of the Supreme Court of the State of New York · 2007

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

3Cited by8 opinions

  1. People v. WatsonAppellate Division of the Supreme Court of the State of New York · 2014
  2. People v. HansonAppellate Division of the Supreme Court of the State of New York · 2012
  3. People v. BrownAppellate Division of the Supreme Court of the State of New York · 2014
  4. People v. BlancoAppellate Division of the Supreme Court of the State of New York · 2011
  5. People v. ArcherAppellate Division of the Supreme Court of the State of New York · 2012

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

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