Legal Opinion
People v. Maxwell
Appellate Division of the Supreme Court of the State of New York
Decided November 29, 2011PublishedCited by 5 opinions
1Opinion of the Court
*1107Although the defendant contends that the prosecutor made various remarks during summation which deprived him of a fair trial by, inter alia, appealing to the jurors’ sympathies and violating the unsworn witness rule, he failed to preserve that contention for appeal (see CPL 470.05 [2]; People v Butts, 279 AD2d 587, 587-588 [2001]). In any event, “most of the challenged remarks were within the broad bounds of rhetorical comment permissible in closing arguments, fair comment on the evidence, or responsive to arguments and theories presented in the defense summation” (People v Smalls, 65 AD3d…
2Cases cited10 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. ContesNew York Court of Appeals · 1983
- People v. DanielsonNew York Court of Appeals · 2007
- People v. RomeroNew York Court of Appeals · 2006
- People v. MateoNew York Court of Appeals · 2004
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State v. Colvin M.Appellate Division of the Supreme Court of the State of New York · 2013
- People v. MooreAppellate Division of the Supreme Court of the State of New York · 2016
- People v. PetersonAppellate Division of the Supreme Court of the State of New York · 2012
- People v. PetersonAppellate Division of the Supreme Court of the State of New York · 2012
- State v. Colvin M.Appellate Division of the Supreme Court of the State of New York · 2013