Legal Opinion
People v. Tucker
Appellate Division of the Supreme Court of the State of New York
Decided March 14, 2006PublishedCited by 4 opinions
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Guzman, J.), rendered February 26, 2004, convicting him of attempted burglary in the third degree and possession of burglar’s tools, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The summation of a prosecutor is evaluated in comparison to that of the defense counsel and is proper if it is responsive to arguments and issues raised by the defense (see People v McHarris, 297 AD2d 824 [2002]; People v Miller, 143 AD2d 1055 [1988]). Curative’ instructions can dissipate the prejudicial…
2Cases cited5 opinions
- People v. BrosnanNew York Court of Appeals · 1973
- People v. McHarrisAppellate Division of the Supreme Court of the State of New York · 2002
- People v. MillerAppellate Division of the Supreme Court of the State of New York · 1988
- People v. StithAppellate Division of the Supreme Court of the State of New York · 1995
- People v. HarrellAppellate Division of the Supreme Court of the State of New York · 2000
3Cited by4 opinions
- People v. Jean-MarieAppellate Division of the Supreme Court of the State of New York · 2009
- People v. EvangelistaAppellate Division of the Supreme Court of the State of New York · 2017
- People v. GregoryAppellate Division of the Supreme Court of the State of New York · 2008
- People v. HernandezAppellate Division of the Supreme Court of the State of New York · 2018