People v. Fabian
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment, Supreme Court, New York County (Daniel FitzGerald, J.), rendered March 27, 1992, convicting defendant, after a jury trial, of attempted sodomy in the first degree and sexual abuse in the first degree, and sentencing him to concurrent terms of 2V2 to IV2 years and 1 to 3 years, respectively, unanimously affirmed.
The conduct of the court and prosecutor during defendant’s opening statement does not require a new trial. While there is a potential burden-shifting effect to an admonition, delivered *299in the presence of the jury, that a defense opening statement be confined to matters that…
2Cases cited7 opinions
- People v. McDanielNew York Court of Appeals · 1993
- People v. JohnsonNew York Court of Appeals · 1982
- People v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1994
- People v. BadiaAppellate Division of the Supreme Court of the State of New York · 1990
- People v. GuerraAppellate Division of the Supreme Court of the State of New York · 1991
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- People v. AllenAppellate Division of the Supreme Court of the State of New York · 2004
- People v. SheltonAppellate Division of the Supreme Court of the State of New York · 2003
- People v. ArcherAppellate Division of the Supreme Court of the State of New York · 1996
- People v. RoblesAppellate Division of the Supreme Court of the State of New York · 2014
- People v. DukesAppellate Division of the Supreme Court of the State of New York · 1997
11 more not listed; retrieve them via the Exa API.