Legal Opinion

People v. Decesare

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

Decided July 1, 1985PublishedCited by 2 opinions

1Opinion of the Court

Appeal by defendant from a judgment of the Supreme Court, Kings County (Alfano, J.), rendered February 23, 1984, convicting him of attempted robbery in the first degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

The evidence adduced at trial, viewed in the light most favorable to the People (People v Malizia, 62 NY2d 755, cert denied — US —, 105 S Ct 327; People v Benzinger, 36 NY2d 29), is sufficient to sustain the conviction. Moreover, defendant’s claim that he was deprived of a fair trial as a result of certain remarks made by the prosecutor during summation has not been…

2Cases cited5 opinions

  1. People v. MaliziaNew York Court of Appeals · 1984
  2. People v. SantiagoNew York Court of Appeals · 1981
  3. People v. BenzingerNew York Court of Appeals · 1974
  4. People v. JalahAppellate Division of the Supreme Court of the State of New York · 1985
  5. People v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1983

3Cited by2 opinions

  1. People v. MerchantAppellate Division of the Supreme Court of the State of New York · 1989
  2. People v. SimmonsAppellate Division of the Supreme Court of the State of New York · 1986

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