Legal Opinion
People v. Santiago
Appellate Division of the Supreme Court of the State of New York
Decided December 21, 2001No. Appeal No. 1PublishedCited by 7 opinions
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: We reject *1071the contention of defendant that County Court erred in denying his motion for a mistrial based upon the references of the prosecutor in his opening statement to the anticipated testimony of a witness who fled the country and did not testify at trial. “[T]he general rule is that, absent bad faith or undue prejudice, a trial will not be undone” based upon “the unfulfilled representations in an opening [statement]” (People v De Tore, 34 NY2d 199, 207, cert denied sub nom. Wedra v New York, 419 US 1025). Here, there is no evidence of bad faith…
2Cases cited5 opinions
- People v. MottAppellate Division of the Supreme Court of the State of New York · 1983
- People v. De ToreNew York Court of Appeals · 1974
- People v. BroadusAppellate Division of the Supreme Court of the State of New York · 1987
- People v. SzczepanskiAppellate Division of the Supreme Court of the State of New York · 1991
- People v. ChislumAppellate Division of the Supreme Court of the State of New York · 1997
3Cited by7 opinions
- People v. MillerAppellate Division of the Supreme Court of the State of New York · 2013
- People v. CopelandAppellate Division of the Supreme Court of the State of New York · 2006
- People v. AlmeidaAppellate Division of the Supreme Court of the State of New York · 2015
- ALMEIDA, DENYS, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2015
- MILLER, JOSHUA, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2013
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