People v. Tascarella
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him, following a jury trial, of three counts each of forgery in the second degree and petit larceny, defendant contends that the prosecutor, by characterizing the People’s proof as uncontradicted, improperly commented upon defendant’s failure to testify. Defendant’s contention is not preserved for our review (see, CPL 470.05 [2]; People v Staples, 212 AD2d 1052). In any event, the remark was "not of such character as would naturally and reasonably be interpreted by the jury as adverse comment on defendant’s…
2Cases cited11 opinions
- People v. AutryNew York Court of Appeals · 1990
- People v. RouseNew York Court of Appeals · 1992
- People v. BurkeNew York Court of Appeals · 1988
- People v. HoukAppellate Division of the Supreme Court of the State of New York · 1995
- People v. BradleyAppellate Division of the Supreme Court of the State of New York · 1992
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3Cited by8 opinions
- People v. WeaverAppellate Division of the Supreme Court of the State of New York · 2014
- People v. JohnstonAppellate Division of the Supreme Court of the State of New York · 2007
- People v. McNearAppellate Division of the Supreme Court of the State of New York · 1999
- People v. CarrAppellate Division of the Supreme Court of the State of New York · 1999
- People v. ClydeAppellate Division of the Supreme Court of the State of New York · 2010
3 more not listed; retrieve them via the Exa API.