Legal Opinion
People v. Fragale
Appellate Division of the Supreme Court of the State of New York
Decided January 20, 1978PublishedCited by 5 opinions
1Opinion of the Court
Order unanimously reversed, motion denied and verdict reinstated and matter remitted to Erie County Court. Memorandum: The People appeal from an order of Erie County Court setting aside a jury verdict finding defendant guilty of sexual abuse in the first degree. The court based its decision on CPL 330.30 (subd 1), finding that a comment made by the prosecution during summation was so prejudicial to the defendant as to require reversal or modification of the judgment if it were raised on an appeal. The comment made by the prosecuting attorney during his summation was not objected to by defense…
2Cases cited6 opinions
- People v. RobinsonNew York Court of Appeals · 1975
- People v. BakerNew York Court of Appeals · 1968
- People v. CerratoNew York Court of Appeals · 1969
- People v. GarciaAppellate Division of the Supreme Court of the State of New York · 1976
- People v. SimonsNew York Court of Appeals · 1968
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. JonesAppellate Division of the Supreme Court of the State of New York · 1982
- People v. RandallAppellate Division of the Supreme Court of the State of New York · 1982
- People v. KingAppellate Division of the Supreme Court of the State of New York · 1984
- Brown v. ReidDistrict Court, S.D. New York · 1980
- People v. MarksAppellate Division of the Supreme Court of the State of New York · 1986