Legal Opinion

People v. Toumbis

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

Decided May 27, 1994PublishedCited by 5 opinions

1Opinion of the Court

—Judgment unanimously affirmed. Memorandum: Defendant contends that he was denied a fair trial by the prosecutor’s misconduct during the cross-examination of defendant and during the prosecutor’s summation. The majority of the alleged errors have not been preserved for our review (see, CPL 470.05 [2]), and we decline to review them as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]). Because those errors that were preserved "were not so egregious or prejudicial as to deprive defendant of a fair trial, reversal is not warranted” (People v Dawkins, 203 AD2d 957, 958,…

2Cases cited5 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. ContesNew York Court of Appeals · 1983
  3. People v. RoopchandAppellate Division of the Supreme Court of the State of New York · 1985
  4. People v. WidgerAppellate Division of the Supreme Court of the State of New York · 1987
  5. People v. DawkinsAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by5 opinions

  1. People v. GreerAppellate Division of the Supreme Court of the State of New York · 1995
  2. People v. Chavez-FloresAppellate Division of the Supreme Court of the State of New York · 1999
  3. People v. NixonAppellate Division of the Supreme Court of the State of New York · 1995
  4. People v. SmithAppellate Division of the Supreme Court of the State of New York · 1995
  5. People v. AshbyAppellate Division of the Supreme Court of the State of New York · 1996

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