Legal Opinion

People v. Kurney

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

Decided January 26, 2010PublishedCited by 4 opinions

1Opinion of the Court

The defendant’s contention that he was deprived of a fair trial by certain remarks made by the prosecutor during summation is unpreserved for appellate review (see CEL 470.05 [2]; People v Adam, 50 AD3d 1153 [2008]; People v Carrieri, 49 AD3d 660, 662 [2008]). In any event, the challenged portions of the prosecutor’s summation constituted fair response to arguments presented in summation by defense counsel, or fair comment on the evidence and the reasonable inferences to be drawn therefrom (see People v Bowman, 58 AD3d 747, 748 [2009]; People u Crawford, 54 AD3d 961, 962 [2008]).

The defendant…

2Cases cited6 opinions

  1. People v. BaldiNew York Court of Appeals · 1981
  2. People v. BeneventoNew York Court of Appeals · 1998
  3. People v. CabanNew York Court of Appeals · 2005
  4. People v. CarrieriAppellate Division of the Supreme Court of the State of New York · 2008
  5. People v. BowmanAppellate Division of the Supreme Court of the State of New York · 2009

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. People v. ArizaAppellate Division of the Supreme Court of the State of New York · 2010
  2. People v. AmicoAppellate Division of the Supreme Court of the State of New York · 2010
  3. People v. SpinelliAppellate Division of the Supreme Court of the State of New York · 2010
  4. Alleyne v. RacetteDistrict Court, E.D. New York · 2020

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