Legal Opinion

People v. Bator

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

Decided December 26, 1991Published

1Opinion of the Court

— Judgment unanimously affirmed. Memorandum: We reject defendant’s argument that prosecutorial misconduct on summation deprived him of a fair trial. The statements of which defendant now complains were not so prejudicial as to require reversal, given the strength of the People’s case (see, People v Curley, 159 AD2d 969, 970, lv denied 76 NY2d 733; People v Banks, 124 AD2d 1064, lv denied 69 NY2d 824, cert denied 484 US 834).

The trial court adequately explained the applicable legal principles to the jury (CPL 300.10 [2]). Because this case was relatively uncomplicated and the jury was…

2Cases cited3 opinions

  1. People v. CurleyAppellate Division of the Supreme Court of the State of New York · 1990
  2. People v. PattersonAppellate Division of the Supreme Court of the State of New York · 1986
  3. People v. BanksAppellate Division of the Supreme Court of the State of New York · 1986

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