Legal Opinion

People v. Hernandez

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

Decided October 4, 2004PublishedCited by 14 opinions

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

  1. People v. GallowayNew York Court of Appeals · 1981
  2. People v. AshwalNew York Court of Appeals · 1976
  3. People v. RoopchandAppellate Division of the Supreme Court of the State of New York · 1985
  4. People v. OrtizNew York Court of Appeals · 1981
  5. People v. InnissNew York Court of Appeals · 1994

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

3Cited by14 opinions

  1. People v. FranciscoAppellate Division of the Supreme Court of the State of New York · 2007
  2. People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2011
  3. People v. WilsonAppellate Division of the Supreme Court of the State of New York · 2008
  4. People v. WhitelyAppellate Division of the Supreme Court of the State of New York · 2007
  5. 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.

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