Legal Opinion

People v. Whitely

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

Decided June 12, 2007PublishedCited by 10 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Demarest, J.), rendered January 6, 2005, convicting him of attempted robbery in the first degree and attempted robbery in the second degree, upon a jury verdict, and imposing sentence.

*623Ordered that the judgment is affirmed.

The Supreme Court providently exercised its discretion in denying the defendant’s motion for a mistrial. The decision whether to grant a motion for mistrial rests within the sound discretion of the trial court (see People v Ortiz, 54 NY2d 288, 292 [1981]), which is in the best position to determine…

2Cases cited4 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. OrtizNew York Court of Appeals · 1981
  3. People v. CooperAppellate Division of the Supreme Court of the State of New York · 1991
  4. People v. HernandezAppellate Division of the Supreme Court of the State of New York · 2004

3Cited by10 opinions

  1. People v. TownsendAppellate Division of the Supreme Court of the State of New York · 2012
  2. People v. ArenaAppellate Division of the Supreme Court of the State of New York · 2010
  3. People v. BenlossAppellate Division of the Supreme Court of the State of New York · 2009
  4. People v. BraithwaiteAppellate Division of the Supreme Court of the State of New York · 2015
  5. People v. JacksonAppellate Division of the Supreme Court of the State of New York · 2009

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