Legal Opinion

People v. Holden

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

Decided November 19, 1997PublishedCited by 10 opinions

1Opinion of the Court

—Judgment unanimously affirmed. Memorandum: Defendant contends that he was denied a fair trial by prosecutorial misconduct during cross-examination of defendant and in summation. Because defense counsel failed to object to any of the alleged misconduct, that contention has not been preserved for our review (see, CPL 470.05 [2]; People v Dawson, 50 NY2d 311, 324; People v Broadus, 129 AD2d 997, lv denied 70 NY2d 643), and we decline to consider it as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]). In any event, although we do not condone the prosecutor’s conduct in…

2Cases cited8 opinions

  1. People v. DawsonNew York Court of Appeals · 1980
  2. People v. BroadusAppellate Division of the Supreme Court of the State of New York · 1987
  3. People v. EdwardsAppellate Division of the Supreme Court of the State of New York · 1990
  4. People v. EldridgeAppellate Division of the Supreme Court of the State of New York · 1989
  5. People v. BogueAppellate Division of the Supreme Court of the State of New York · 1996

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3Cited by10 opinions

  1. People v. HarrisAppellate Division of the Supreme Court of the State of New York · 2010
  2. People v. CasillasAppellate Division of the Supreme Court of the State of New York · 2001
  3. People v. SwiatowyAppellate Division of the Supreme Court of the State of New York · 2001
  4. People v. McClaryAppellate Division of the Supreme Court of the State of New York · 2011
  5. People v. JacksonAppellate Division of the Supreme Court of the State of New York · 2004

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