Legal Opinion

People v. English

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

Decided November 13, 2000PublishedCited by 1 opinion

1Opinion of the Court

—Judgment unanimously affirmed. Memorandum: Defendant contends that Supreme Court erred in denying his motion for a mistrial based on the prosecutor’s failure to disclose a portion of a surveillance videotape (see, CPL 240.20 [1] [g]). We disagree. The court’s curative instruction to the jury eliminated any prejudice to defendant (see, People v Van Vleet, 256 AD2d 1181, 1182; see also, People v Kelly, 62 NY2d 516, 520-521). Defendant further contends that he was denied a fair trial when the court allowed a witness to invoke the Fifth Amendment privilege against self-incrimination. Even…

2Cases cited3 opinions

  1. People v. KellyNew York Court of Appeals · 1984
  2. People v. OwusuAppellate Division of the Supreme Court of the State of New York · 1996
  3. People v. Van VleetAppellate Division of the Supreme Court of the State of New York · 1998

3Cited by1 opinion

  1. People v. FaethAppellate Division of the Supreme Court of the State of New York · 2002

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