Legal Opinion

People v. Peterson

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

Decided January 31, 2012Published

1Opinion of the Court

*580The prosecutor’s summation did not deprive defendant of a fair trial (see generally People v Overlee, 236 AD2d 133 [1997], lv denied 91 NY2d 976 [1998]; People v D'Alessandro, 184 AD2d 114, 118-119 [1992], lv denied 81 NY2d 884 [1993]), and the court properly exercised its discretion in denying defendant’s mistrial motions directed at the prosecutor’s summation. Although defendant claims that the prosecutor engaged in improper bolstering or vouching for police witnesses, the remarks at issue were permissible responses to defense attacks on the officers’ credibility (see e.g. People v Rivera,…

2Cases cited4 opinions

  1. People v. OverleeAppellate Division of the Supreme Court of the State of New York · 1997
  2. People v. D'AlessandroAppellate Division of the Supreme Court of the State of New York · 1992
  3. People v. OrtizAppellate Division of the Supreme Court of the State of New York · 1995
  4. People v. RiveraAppellate Division of the Supreme Court of the State of New York · 1996

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