Legal Opinion
People v. Canales
Appellate Division of the Supreme Court of the State of New York
Decided October 25, 2011PublishedCited by 5 opinions
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