Legal Opinion

People v. Caba

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

Decided December 12, 2012PublishedCited by 6 opinions

1Opinion of the Court

The defendant’s claim that the People made an improper “safe streets” argument in summation is unpreserved for appellate review, as he did not object to the remarks at issue (see CPL 470.05 [2]; People v Parker-Davidson, 89 AD3d 1114 [2011]). In any event, contrary to the defendant’s contention, the prosecutor did not assert an unduly prejudicial “safe streets” argument (see People v Malave, 7 AD3d 542, 543 [2004]; People v Tolliver, 267 AD2d 1007, 1008 [1999]). The remaining comments challenged by the defendant were fair response to arguments made by defense counsel, were fair comment on the…

2Cases cited8 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. MalaveAppellate Division of the Supreme Court of the State of New York · 2004
  3. People v. Parker-DavidsonAppellate Division of the Supreme Court of the State of New York · 2011
  4. People v. TolliverAppellate Division of the Supreme Court of the State of New York · 1999
  5. People v. McDonaldAppellate Division of the Supreme Court of the State of New York · 2010

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3Cited by6 opinions

  1. People v. SheehanAppellate Division of the Supreme Court of the State of New York · 2013
  2. People v. YoungAppellate Division of the Supreme Court of the State of New York · 2016
  3. People v. GomezAppellate Division of the Supreme Court of the State of New York · 2016
  4. People v. BentonAppellate Division of the Supreme Court of the State of New York · 2013
  5. People v. BentonAppellate Division of the Supreme Court of the State of New York · 2013

1 more not listed; retrieve them via the Exa API.

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