People v. Canales
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The defendant’s challenges to the alleged instances of prosecutorial misconduct in summation are unpreserved for appellate review (see People v Medina, 53 NY2d 951, 953 [1981]; People v Beam, 78 AD3d 1067, 1068 [2010]; People v McHarris, 297 AD2d 824, 825 [2002]). In any event, the prosecutor’s comments constituted fair comment on the evidence, were responsive to the defendant’s summation arguments and theories (see People v Halm, 81 NY2d 819, 821 [1993]; People v Spencer, 87 AD3d 751, 753-754 [2011]; People v Sydnor, 281 AD2d 499, 499 [2001]), or were within the bounds of fair rhetorical…
2Cases cited13 opinions
- People v. BeneventoNew York Court of Appeals · 1998
- Allen v. United StatesSupreme Court of the United States · 1896
- People v. GallowayNew York Court of Appeals · 1981
- People v. MedinaNew York Court of Appeals · 1981
- People v. HalmNew York Court of Appeals · 1993
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. DegreeAppellate Division of the Supreme Court of the State of New York · 2020
- People v. MuirheadAppellate Division of the Supreme Court of the State of New York · 2013
- People v. MutterperlAppellate Division of the Supreme Court of the State of New York · 2012
- People v. MutterperlAppellate Division of the Supreme Court of the State of New York · 2012
- People v. TindalAppellate Division of the Supreme Court of the State of New York · 2021