People v. Campbell
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The defendant contends that the prosecutor’s questioning about his postarrest silence deprived him of a fair trial. However, after the Supreme Court sustained his objection and issued a curative instruction, the defendant failed to either move for further curative instructions or request a mistrial (see People v Wright, 40 AD3d 1021 [2007]; People v Medina, 53 NY2d 951, 953 [1981]; cf. People v Prince, 36 AD3d 833 [2007]). Under *891these circumstances, “it must be deemed that the matter was cured to defense counsel’s satisfaction, and thus the defendant’s present contention is unpreserved for…
2Cases cited20 opinions
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. MedinaNew York Court of Appeals · 1981
- People v. GoetzNew York Court of Appeals · 1986
- People v. CarrollNew York Court of Appeals · 2000
- People v. SaundersNew York Court of Appeals · 1984
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3Cited by7 opinions
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- People v. CoppAppellate Division of the Supreme Court of the State of New York · 2013
- People v. CoppAppellate Division of the Supreme Court of the State of New York · 2013
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