Legal Opinion

People v. Carfagna

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

Decided February 3, 1995PublishedCited by 3 opinions

1Opinion of the Court

—Judgment unanimously affirmed. Memorandum: There is no merit to the contention that County Court erred in denying defendant’s motion for a mistrial (see, CPL 280.10 [1]). The court struck the testimony objected to and immediately gave curative instructions that sufficiently eliminated any danger of prejudice to defendant (see, People v Valenti, 199 AD2d 617, 618, Iv denied 83 NY2d 811).

The court’s charge on reasonable doubt as a whole conveyed the proper standard of proof, and the court’s description of the trial as a "search for the truth”, although not favored, does not require reversal…

2Cases cited3 opinions

  1. Henderson v. KibbeSupreme Court of the United States · 1977
  2. People v. SimpsonAppellate Division of the Supreme Court of the State of New York · 1991
  3. People v. ValentiAppellate Division of the Supreme Court of the State of New York · 1993

3Cited by3 opinions

  1. People v. ReedAppellate Division of the Supreme Court of the State of New York · 1995
  2. People v. DuganAppellate Division of the Supreme Court of the State of New York · 1997
  3. People v. FunderburkAppellate Division of the Supreme Court of the State of New York · 1995

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