People v. Moore
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Judgment unanimously affirmed. Memorandum: The overwhelming weight of the evidence supports the conviction of burglary in the second degree and criminal mischief in the fourth degree. Defendant failed to preserve for review the issue of prosecutorial misconduct and we decline to reach the issue in the interest of justice. Further, the court properly exercised its discretion in precluding defendant from placing the accomplice on the stand for the sole purpose of permitting the jury to witness the exercise of his privilege against self-incrimination (see, People v Thomas, 51 NY2d 466,…
2Cases cited1 opinion
- People v. ThomasNew York Court of Appeals · 1980
3Cited by3 opinions
- People v. CarterAppellate Division of the Supreme Court of the State of New York · 2013
- CARTER, VERNON L., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2013
- People v. CarterAppellate Division of the Supreme Court of the State of New York · 2013