People v. McCarthy, 145 A.D.3d 1573 (N.Y. App. Div. 2016). · Go Syfert
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People v. McCarthy, 145 A.D.3d 1573 (N.Y. App. Div. 2016). Cases Citing This Book View Copy Cite
16 citation events (16 in the last 25 years) across 2 distinct courts.
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discussed Cited as authority (rule) People v. Smith
N.Y. App. Div. · 2017 · confidence medium
Although we agree with defendant that certain remarks made by the prosecutor were improper, particularly that the jury “owed a duty” to the victim and the people of the community (see People *1667 v Garner, 145 AD3d 1573, 1574 [2016]), we nevertheless conclude that the improper remarks were not so egregious that defendant was denied a fair trial (see id.).
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The People of the State of New York
v.
Joshua D. McCarthy
Appeal No. 2.
Appellate Division of the Supreme Court of the State of New York.
Dec 23, 2016.
145 A.D.3d 1573
Carni, Centra, Curran, Nemoyer, Troutman.
Published

—Appeal from a resentence of the Wyoming County Court (Michael M. Mohun, J.), rendered February 11, 2015. Defendant was resentenced upon his conviction of menacing a police officer or peace officer.

It is hereby ordered that the resentence so appealed from is unanimously affirmed.

Same memorandum as in People v McCarthy ([appeal No. 1] 145 AD3d 1572 [2016]).

Present—Centra, J.P., Carni, NeMoyer, Curran and Troutman, JJ.