People v. Wakefield
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Thorp, J.), rendered June 16, 1992, convicting him of rape in the first degree (two counts) and sodomy in the first degree (two counts), upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
It is well settled that the decision to declare a mistrial rests within the sound discretion of the trial court, which is in the best position to determine if this drastic remedy is truly necessary to protect the defendant’s right to a fair trial (see, People v Cooper, 173 AD2d 551). Shortly after the…
2Cases cited12 opinions
- People v. MartinezNew York Court of Appeals · 1988
- People v. RiveraNew York Court of Appeals · 1970
- People v. GoldfeldAppellate Division of the Supreme Court of the State of New York · 1977
- People v. GenoveseNew York Court of Appeals · 1962
- People v. CostelloAppellate Division of the Supreme Court of the State of New York · 1984
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1999
- People v. LewisAppellate Division of the Supreme Court of the State of New York · 1998
- People v. Godreality WayAppellate Division of the Supreme Court of the State of New York · 2010
- People v. TullockAppellate Division of the Supreme Court of the State of New York · 2017
- Wakefield v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
6 more not listed; retrieve them via the Exa API.