Legal Opinion
People v. Erwin
Appellate Division of the Supreme Court of the State of New York
Decided February 7, 1997PublishedCited by 8 opinions
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: The contention of defendant that he was deprived of a fair trial by prosecutorial misconduct is not preserved (see, CPL 470.05 [2]). Nevertheless, we have reviewed the record with respect to defendant’s contention and conclude that the prosecutor’s remarks were either fair comment on the evidence or made in response to defense counsel’s summation (see, People v Kyler, 191 AD2d 1029, lv denied 81 NY2d 1015; People v Price, 144 AD2d 1013, lv denied 73 NY2d 895). Any critical references to defendant by the prosecutor in summation were not so pervasive…
2Cases cited3 opinions
- People v. PriceAppellate Division of the Supreme Court of the State of New York · 1988
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1995
- People v. KylerAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by8 opinions
- People v. WiltAppellate Division of the Supreme Court of the State of New York · 2005
- People v. WhiteAppellate Division of the Supreme Court of the State of New York · 2002
- People v. FancherAppellate Division of the Supreme Court of the State of New York · 1999
- People v. GozdalskiAppellate Division of the Supreme Court of the State of New York · 1997
- People v. PierceAppellate Division of the Supreme Court of the State of New York · 1999
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