Legal Opinion

People v. Rivera

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

Decided February 13, 1990PublishedCited by 9 opinions

1Opinion of the Court

The defendant contends that the prosecutor’s summation deprived him of a fair trial. Specifically, he urges, the prosecutor repeatedly vouched for the credibility of her witnesses’ testimony. In addition, she argued that the defendant’s friend, who testified on his behalf, was not truthful and that his and defendant’s testimony was "a story”.

Remarks made during summation must be considered in light of the entire trial and the prosecution is entitled to respond to the arguments raised by the defense in summation. (See, People v Galloway, 54 NY2d 396.) Here, defense counsel, in summation,…

2Cases cited2 opinions

  1. People v. GallowayNew York Court of Appeals · 1981
  2. People v. OrtizAppellate Division of the Supreme Court of the State of New York · 1986

3Cited by9 opinions

  1. People v. BrockenshireAppellate Division of the Supreme Court of the State of New York · 1997
  2. People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1991
  3. People v. GarciaAppellate Division of the Supreme Court of the State of New York · 1990
  4. People v. GonzalezAppellate Division of the Supreme Court of the State of New York · 1993
  5. People v. MaddoxAppellate Division of the Supreme Court of the State of New York · 1997

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