People v. Hernandez
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Buchter, J.), rendered March 23, 2001, convicting him of murder in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The Supreme Court providently exercised its discretion in denying the defendant’s requests for a mistrial. The decision whether to grant a request for a mistrial rests within the sound discretion of the trial court (see People v Ortiz, 54 NY2d 288, 292 [1981]), which is in the best position to…
2Cases cited9 opinions
- People v. GallowayNew York Court of Appeals · 1981
- People v. AshwalNew York Court of Appeals · 1976
- People v. RoopchandAppellate Division of the Supreme Court of the State of New York · 1985
- People v. OrtizNew York Court of Appeals · 1981
- People v. InnissNew York Court of Appeals · 1994
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- People v. FranciscoAppellate Division of the Supreme Court of the State of New York · 2007
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2011
- People v. WilsonAppellate Division of the Supreme Court of the State of New York · 2008
- People v. WhitelyAppellate Division of the Supreme Court of the State of New York · 2007
- People v. JosephAppellate Division of the Supreme Court of the State of New York · 2016
9 more not listed; retrieve them via the Exa API.