Legal Opinion

People v. Powers

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

Decided November 5, 2001Published

1Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Sampson, J.), rendered December 22, 1998, convicting him of robbery in the first degree, robbery in the second degree, and unlawful imprisonment in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

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). In light of the overwhelming evidence of the defendant’s guilt (see, People v Crimmins, 36 NY2d 230, 241-242) and the trial…

2Cases cited5 opinions

  1. People v. CrimminsNew York Court of Appeals · 1975
  2. People v. OrtizNew York Court of Appeals · 1981
  3. People v. ReedAppellate Division of the Supreme Court of the State of New York · 1991
  4. People v. AmatoAppellate Division of the Supreme Court of the State of New York · 1997
  5. People v. AndujarAppellate Division of the Supreme Court of the State of New York · 1994

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