Legal Opinion
People v. Nathan
Appellate Division of the Supreme Court of the State of New York
Decided April 22, 1985PublishedCited by 5 opinions
1Opinion of the Court
Defendant is not entitled to a mistrial predicated upon his own contumacious behavior (see, Estelle v Williams, 425 US 501, 505, n 2; Illinois v Allen, 397 US 337; United States v Bentvena, 319 F2d 916, cert denied sub nom. Ormento v United States, 375 US 940; People v Epps, 37 NY2d 343, cert denied 423 US 999; People v Palermo, 32 NY2d 222).
Defendant’s contention that the court should have dismissed counts five, nine and eleven of the indictment because they were lesser included offenses of count one does not have any merit (CPL 1.20 [37]; see, People v Glover, 57 NY2d 61; People v Perez, 45…
2Cases cited7 opinions
- Illinois v. AllenSupreme Court of the United States · 1970
- Estelle v. WilliamsSupreme Court of the United States · 1976
- People v. GloverNew York Court of Appeals · 1982
- People v. EppsNew York Court of Appeals · 1975
- People v. AcevedoNew York Court of Appeals · 1976
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. TedescoAppellate Division of the Supreme Court of the State of New York · 1988
- People v. TylerAppellate Division of the Supreme Court of the State of New York · 1997
- People v. YoungAppellate Division of the Supreme Court of the State of New York · 1992
- People v. WhiteAppellate Division of the Supreme Court of the State of New York · 1993
- People v. TrippetAppellate Division of the Supreme Court of the State of New York · 1986