Legal Opinion
People v. Epolito
Appellate Division of the Supreme Court of the State of New York
Decided December 21, 2012PublishedCited by 4 opinions
1Opinion of the Court
Memorandum: On appeal from a judgment convicting him, upon a jury verdict, of robbery in the second degree (Penal Law § 160.10 [2] [a]), defendant contends in his main and pro se supplemental briefs that he was deprived of a fair trial based on, inter alia, prosecutorial misconduct on summation. Although that contention is not preserved for our review (see CPL 470.05 [2]), we nevertheless exercise our power to review it as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]). During summation, the prosecutor improperly vouched for the credibility of prosecution witnesses…
2Cases cited6 opinions
- People v. GrayNew York Court of Appeals · 1995
- People v. HalmNew York Court of Appeals · 1993
- People v. LyonAppellate Division of the Supreme Court of the State of New York · 2010
- People v. PaganAppellate Division of the Supreme Court of the State of New York · 2003
- People v. CorchadoAppellate Division of the Supreme Court of the State of New York · 2002
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3Cited by4 opinions
- People v. StatonAppellate Division of the Supreme Court of the State of New York · 2016
- Benton v. McCarthyDistrict Court, N.D. New York · 2023
- People v. McCalmonAppellate Division of the Supreme Court of the State of New York · 2017
- People v. StatonAppellate Division of the Supreme Court of the State of New York · 2016