People v. Rivers, 82 A.D.3d 1623 (N.Y. App. Div. 2011). · Go Syfert
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People v. Rivers, 82 A.D.3d 1623 (N.Y. App. Div. 2011). Cases Citing This Book View Copy Cite
25 citation events (25 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Serrano (nyappdiv, 2026-04-24)
Treatment trajectory · 2012 → 2026 · click a year to view as-of
2012 2019 2026
Top citers, strongest first. 16 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Serrano (2×)
N.Y. App. Div. · 2026 · confidence medium
In any event, "[r]eversal on grounds of prosecutorial misconduct 'is mandated only when the conduct has caused such substantial prejudice to the defendant that he has been denied due process of law' " (<i>People v Rubin</i>, 101 AD2d 71, 77 [4th Dept 1984], <i>lv denied</i> 63 NY2d 711 [1984]), and that cannot be said here (<i>see People v Alligood</i>, 115 AD3d 1346 , 1347-1348 [4th Dept 2014], <i>lv denied</i> 23 NY3d 1017 [2014]; <i>People v Rivers</i>, 82 AD3d 1623, 1624 [4th Dept 2011], <i>lv denied</i> 17 NY3d 904 [2011]).</p> <p>Contrary to defendant's contention, the court did not err …
discussed Cited as authority (rule) People v. McEnnis
N.Y. App. Div. · 2026 · confidence medium
Defendant failed to preserve for our review his contention that he was denied a fair trial by prosecutorial misconduct during direct examination and summation ( see People v Marra , 96 AD3d 1623 , 1626 [4th Dept 2012], affd 21 NY3d 979 [2013]; People v Smith , 32 AD3d 1291, 1292 [4th Dept 2006], lv denied 8 NY3d 849 [2007]) and, in any event, we conclude that none of [*3]the prosecutor's comments was " 'so egregious as to deny defendant a fair trial' " ( People v Rivers , 82 AD3d 1623, 1624 [4th Dept 2011], lv denied 17 NY3d 904 [2011]).
discussed Cited as authority (rule) People v. Sprague
N.Y. App. Div. · 2017 · confidence medium
Moreover, the court’s detailed written Molineux ruling precluded testimony about events that the victims did not observe, as well as testimony about defendant’s drug use and his encouraging one of the victims to sell drugs, thus demonstrating that the court weighed the probative value of all of the proposed evidence against its potential for prejudice (see People v Rivers, 82 AD3d 1623, 1623 [2011], lv denied 17 NY3d 904 [2011]).
discussed Cited as authority (rule) People v. Taylor
N.Y. App. Div. · 2017 · confidence medium
Further, the court properly weighed the probative value of the evidence against the prejudicial impact by limiting the testimony to that statement (see People v Rivers, 82 AD3d 1623, 1623 [2011], lv denied 17 NY3d 904 [2011]), and the court minimized the potential prejudice by providing a curative instruction (see People v Holmes, 104 AD3d 1288, 1289 [2013], lv denied 22 NY3d 1041 [2013]).
discussed Cited as authority (rule) People v. Taylor
N.Y. App. Div. · 2017 · confidence medium
Further, the court properly weighed the probative value of the evidence against the prejudicial impact by limiting the testimony to that statement (see People v Rivers, 82 AD3d 1623, 1623 [2011], lv denied 17 NY3d 904 [2011]), and the court minimized the potential prejudice by providing a curative instruction (see People v Holmes, 104 AD3d 1288, 1289 [2013], lv denied 22 NY3d 1041 [2013]).
discussed Cited as authority (rule) People v. Matthews
N.Y. App. Div. · 2016 · confidence medium
In addition, evidence concerning defendant’s violent and threatening behavior was relevant to explain the victim’s delay in disclosing the crimes charged, irrespective of whether the violence was directed against her (see People v Justice, 99 AD3d 1213 , 1215 [2012], lv denied 20 NY3d 1012 [2013]; People v Workman, 56 AD3d 1155 , 1156-1157 [2008], lv denied 12 NY3d 789 [2009]) or her siblings (see People v Rivers, 82 AD3d 1623, 1623 [2011], lv denied 17 NY3d 904 [2011]; People v Bassett, 55 AD3d 1434, 1436 [2008], lv denied 11 NY3d 922 [2009]).
discussed Cited as authority (rule) People v. Matthews
N.Y. App. Div. · 2016 · confidence medium
In addition, evidence concerning defendant’s violent and threatening behavior was relevant to explain the victim’s delay in disclosing the crimes charged, irrespective of whether the violence was directed against her (see People v Justice, 99 AD3d 1213 , 1215 [2012], lv denied 20 NY3d 1012 [2013]; People v Workman, 56 AD3d 1155 , 1156-1157 [2008], lv denied 12 NY3d 789 [2009]) or her siblings (see People v Rivers, 82 AD3d 1623, 1623 [2011], lv denied 17 NY3d 904 [2011]; People v Bassett, 55 AD3d 1434, 1436 [2008], lv denied 11 NY3d 922 [2009]).
discussed Cited as authority (rule) People v. Koonce
N.Y. App. Div. · 2013 · confidence medium
With respect to the alleged instances of prosecutorial misconduct, we agree with the People that the prosecutor did not improperly bolster the adequacy of the police investigation or the testimony of the prosecution witnesses but, rather, the prosecutor’s comments were fair response to defense counsel’s summation (see People v Williams, 98 AD3d 1279 , 1280 [2012], lv denied 20 NY3d 1066 [2013]; People v Rivers, 82 AD3d 1623, 1624 [2011], lv denied 17 NY3d 904 [2011]).
discussed Cited as authority (rule) People v. Koonce
N.Y. App. Div. · 2013 · confidence medium
With respect to the alleged instances of prosecutorial misconduct, we agree with the People that the prosecutor did not improperly bolster the adequacy of the police investigation or the testimony of the prosecution witnesses but, rather, the prosecutor’s comments were fair response to defense counsel’s summation (see People v Williams, 98 AD3d 1279 , 1280 [2012], lv denied 20 NY3d 1066 [2013]; People v Rivers, 82 AD3d 1623, 1624 [2011], lv denied 17 NY3d 904 [2011]).
discussed Cited as authority (rule) People v. Williams
N.Y. App. Div. · 2012 · confidence medium
We reject defendant’s contention that the prosecutor engaged in misconduct during her summation inasmuch as the comments in question were fair response to the summation of defense counsel (see People v Rivers, 82 AD3d 1623, 1624 [2011], lv denied 17 NY3d 904 [2011]; People v Cunningham, 12 AD3d 1131, 1132 [2004], lv denied 4 NY3d 829 [2005] , lv denied on reconsideration 5 NY3d 761 [2005]).
discussed Cited as authority (rule) People v. Williams
N.Y. App. Div. · 2012 · confidence medium
We reject defendant’s contention that the prosecutor engaged in misconduct during her summation inasmuch as the comments in question were fair response to the summation of defense counsel (see People v Rivers, 82 AD3d 1623, 1624 [2011], lv denied 17 NY3d 904 [2011]; People v Cunningham, 12 AD3d 1131, 1132 [2004], lv denied 4 NY3d 829 [2005] , lv denied on reconsideration 5 NY3d 761 [2005]).
discussed Cited as authority (rule) People v. Marra
N.Y. App. Div. · 2012 · confidence medium
Defendant failed to preserve for our review his contention that he was denied a fair trial by prosecutorial misconduct during summation (see People v Gonzalez, 81 AD3d 1374, 1374 [2011]; People v Smith, 32 AD3d 1291, 1292 [2006], lv denied 8 NY3d 849 [2007]) and, in any event, we conclude that none of the prosecutor’s comments was so egregious as to deny defendant a fair trial (see People v Rivers, 82 AD3d 1623, 1624 [2011], lv denied 17 NY3d 904 [2011]; People v Quinones, 5 AD3d 1093, 1094 [2004], lv denied 3 NY3d 646 [2004]).
discussed Cited as authority (rule) People v. Marra
N.Y. App. Div. · 2012 · confidence medium
Defendant failed to preserve for our review his contention that he was denied a fair trial by prosecutorial misconduct during summation (see People v Gonzalez, 81 AD3d 1374, 1374 [2011]; People v Smith, 32 AD3d 1291, 1292 [2006], lv denied 8 NY3d 849 [2007]) and, in any event, we conclude that none of the prosecutor’s comments was so egregious as to deny defendant a fair trial (see People v Rivers, 82 AD3d 1623, 1624 [2011], lv denied 17 NY3d 904 [2011]; People v Quinones, 5 AD3d 1093, 1094 [2004], lv denied 3 NY3d 646 [2004]).
discussed Cited "see, e.g." People v. Nicholson
N.Y. App. Div. · 2014 · signal: see also · confidence medium
That evidence was relevant to explain the victim’s delay in reporting the abuse (see People v Westbrooks, 90 AD3d 1536, 1537 [2011], lv denied 18 NY3d 963 [2012]; People v Bennett, 52 AD3d 1185, 1187 [2008], lv denied 11 NY3d 734 [2008]; see also People v Rivers, 82 AD3d 1623, 1623 [2011], lv denied 17 NY3d 904 [2011]).
discussed Cited "see, e.g." NICHOLSON, CHRISTOPHER A., PEOPLE v
N.Y. App. Div. · 2014 · signal: see also · confidence low
That evidence was relevant to explain the victim’s delay in reporting the abuse (see People v Westbrooks, 90 AD3d 1536, 1537 , lv denied 18 NY3d 963 ; People v Bennett, 52 AD3d 1185, 1187 , lv denied 11 NY3d 734 ; see also People v Rivers, 82 AD3d 1623, 1623 , lv denied 17 NY3d 904 ).
discussed Cited "see, e.g." People v. Nicholson
N.Y. App. Div. · 2014 · signal: see also · confidence medium
That evidence was relevant to explain the victim’s delay in reporting the abuse (see People v Westbrooks, 90 AD3d 1536, 1537 [2011], lv denied 18 NY3d 963 [2012]; People v Bennett, 52 AD3d 1185, 1187 [2008], lv denied 11 NY3d 734 [2008]; see also People v Rivers, 82 AD3d 1623, 1623 [2011], lv denied 17 NY3d 904 [2011]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Natalie D. Rivers
Appellate Division of the Supreme Court of the State of New York.
Mar 25, 2011.
82 A.D.3d 1623
Cited by 19 opinions  |  Published

Memorandum: Defendant appeals from a judgment convicting her upon a jury verdict of, inter alia, course of sexual conduct against a child in the second degree (Penal Law § 130.80 [1] [b]) and sexual abuse in the second degree (§ 130.60 [2]). We reject defendant’s contention that County Court erred in admitting evidence of uncharged acts of physical abuse to which the victim was subjected, as well as acts witnessed by her. Such evidence is admissible “ ‘to explain the victim’s failure to reveal the ongoing sexual assaults’ ” (People v Bennett, 52 AD3d 1185, 1187 [2008], lv denied 11 NY3d 734 [2008]; see People v Bassett, 55 AD3d 1434, 1436 [2008], lv denied 11 NY3d 922 [2009]). Contrary to defendant’s contention, the court properly weighed the probative value of the evidence of those uncharged acts against its potential for prejudice, as demonstrated by the fact that the court admitted evidence of certain acts while precluding evidence of other acts (see generally People v Alvino, 71 NY2d 233, 241-242 [1987]; People v Ventimiglia, 52 NY2d 350, 359-360 [1981]). In any event, we note that the court provided the jury with explicit limiting instructions on multiple occasions concerning the evidence of those uncharged acts, “thus minimizing any potential prejudice to defendant” (Bassett, 55 AD3d at 1436).

[*1624] Defendant further contends that she was deprived of a fair trial based on numerous instances of prosecutorial misconduct on summation. Defendant failed to preserve her contention for our review with respect to the majority of the alleged instances of prosecutorial misconduct (see People v Figgins, 72 AD3d 1599, 1600 [2010], lv denied 15 NY3d 893; People v Brink, 57 AD3d 1484, 1486 [2008], lv denied 12 NY3d 851 [2009]) and, in any event, her contention is without merit. Most of the prosecutor’s comments with which she takes issue “were fair response to defense counsel’s summation” (Figgins, 72 AD3d at 1600) and, even assuming, arguendo, that some of the alleged instances were improper, we conclude that “none was so egregious as to deny defendant a fair trial” (People v Milczakowskyj, 73 AD3d 1453, 1454 [2010], lv denied 15 NY3d 754 [2010]). Present— Scudder, EJ., Fahey, Garni, Green and Gorski, JJ.