100 New York opinions name it 2 courts 1975–2022 4 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
People v. Mitchellgreen2 sentences2019In any event, evaluating the prosecutor's comments on summation "in light of the defense summation" ( People v Halm , 81 NY2d 819 , 821 [1993]), we conclude that the prosecutor's comments "constituted fair comment on the evidence . . . as well as fair response to the summation of defense counsel" ( People v Jackson , 141 AD3d 1095 , 1096 [4th Dept 2016], lv denied 28 NY3d 1146 [2017]). 2017In any event, some of the challenged remarks made by the prosecutor in summation were fair comment on the evidence, remained within the broad bounds of rhetorical comment permissible in summations, or were responsive to the summation of defense counsel (see People v Halm, 81 NY2d 819 [1993]; People v Flowers, 102 AD3d 885, 886 [2013]). | 8 | 13 |
People v. Morsongreen2 sentences2018In any event, the prosecutor's remarks were mostly fair comment on the evidence, permissible rhetorical comment, or a fair response to the summation of defense counsel ( see People v Dorgan , 42 AD3d 505, 505 ; People v McHarris , 297 AD2d 824, 825 ; People v Clark , 222 AD2d 446, 447 ; People v Vaughn , 209 AD2d 459, 459-460 ). 2013In any event, for the most part, the challenged remarks were fair comment on the evidence, or remained within the broad bounds of rhetorical comment permissible in summations, and were responsive to the summation of defense counsel (see People v Dorgan, 42 AD3d 505, 505 [2007]; People v Barnes, 33 AD3d 811, 812 [2006]; People v McHarris, 297 AD2d 824, 825 [2002]; People v Sinclair, 231 AD2d 926, 926 [1996]; People v Clark, 222 AD2d 446, 447 [1995]; People v Vaughn, 209 AD2d 459, 460 [1994]; People v Holder, 203 AD2d 382, 383 [1994]; People v Thomas, 186 AD2d 602, 602-603 [1992]; People v Ander | 6 | 10 |
People v. Vaughngreen2 sentences2018In any event, the prosecutor's remarks were mostly fair comment on the evidence, permissible rhetorical comment, or a fair response to the summation of defense counsel ( see People v Dorgan , 42 AD3d 505, 505 ; People v McHarris , 297 AD2d 824, 825 ; People v Clark , 222 AD2d 446, 447 ; People v Vaughn , 209 AD2d 459, 459-460 ). 2013In any event, for the most part, the challenged remarks were fair comment on the evidence, or remained within the broad bounds of rhetorical comment permissible in summations, and were responsive to the summation of defense counsel (see People v Dorgan, 42 AD3d 505, 505 [2007]; People v Barnes, 33 AD3d 811, 812 [2006]; People v McHarris, 297 AD2d 824, 825 [2002]; People v Sinclair, 231 AD2d 926, 926 [1996]; People v Clark, 222 AD2d 446, 447 [1995]; People v Vaughn, 209 AD2d 459, 460 [1994]; People v Holder, 203 AD2d 382, 383 [1994]; People v Thomas, 186 AD2d 602, 602-603 [1992]; People v Ander | 5 | 8 |
People v. Clarkgreen2 sentences2018In any event, the prosecutor's remarks were mostly fair comment on the evidence, permissible rhetorical comment, or a fair response to the summation of defense counsel ( see People v Dorgan , 42 AD3d 505, 505 ; People v McHarris , 297 AD2d 824, 825 ; People v Clark , 222 AD2d 446, 447 ; People v Vaughn , 209 AD2d 459, 459-460 ). 2013In any event, for the most part, the challenged remarks were fair comment on the evidence, or remained within the broad bounds of rhetorical comment permissible in summations, and were responsive to the summation of defense counsel (see People v Dorgan, 42 AD3d 505, 505 [2007]; People v Barnes, 33 AD3d 811, 812 [2006]; People v McHarris, 297 AD2d 824, 825 [2002]; People v Sinclair, 231 AD2d 926, 926 [1996]; People v Clark, 222 AD2d 446, 447 [1995]; People v Vaughn, 209 AD2d 459, 460 [1994]; People v Holder, 203 AD2d 382, 383 [1994]; People v Thomas, 186 AD2d 602, 602-603 [1992]; People v Ander | 5 | 8 |
People v. Konikovgreen2 sentences2018In any event, the prosecutor's remarks were mostly fair comment on the evidence, permissible rhetorical comment, or a fair response to the summation of defense counsel ( see People v Dorgan , 42 AD3d 505, 505 ; People v McHarris , 297 AD2d 824, 825 ; People v Clark , 222 AD2d 446, 447 ; People v Vaughn , 209 AD2d 459, 459-460 ). 2013In any event, for the most part, the challenged remarks were fair comment on the evidence, or remained within the broad bounds of rhetorical comment permissible in summations, and were responsive to the summation of defense counsel (see People v Dorgan, 42 AD3d 505, 505 [2007]; People v Barnes, 33 AD3d 811, 812 [2006]; People v McHarris, 297 AD2d 824, 825 [2002]; People v Sinclair, 231 AD2d 926, 926 [1996]; People v Clark, 222 AD2d 446, 447 [1995]; People v Vaughn, 209 AD2d 459, 460 [1994]; People v Holder, 203 AD2d 382, 383 [1994]; People v Thomas, 186 AD2d 602, 602-603 [1992]; People v Ander | 5 | 8 |
People v. Brooksgreen2 sentences2013To the extent that some of the comments were improper, they were sufficiently addressed by the Supreme Court’s instructions to the jury (see People v Evans, 291 AD2d 569, 569 [2002]; People v Brown, 272 AD2d 338, 339 [2000]) and did not deprive the defendant of due process and a fair trial (see People v Almonte, 23 AD3d 392, 394 [2005]; People v Svanberg, 293 AD2d 555, 555 [2002]; People v Holder, 203 AD2d at 383 ). 2013To the extent that some of the comments were improper, they were sufficiently addressed by the Supreme Court’s instructions to the jury (see People v Evans, 291 AD2d 569, 569 [2002]; People v Brown, 272 AD2d 338, 339 [2000]) and did not deprive the defendant of due process and a fair trial (see People v Almonte, 23 AD3d 392, 394 [2005]; People v Svanberg, 293 AD2d 555, 555 [2002]; People v Holder, 203 AD2d at 383 ). | 5 | 7 |
People v. Barnesgreen2 sentences2013In any event, for the most part, the challenged remarks were fair comment on the evidence, or remained within the broad bounds of rhetorical comment permissible in summations, and were responsive to the summation of defense counsel (see People v Dorgan, 42 AD3d 505, 505 [2007]; People v Barnes, 33 AD3d 811, 812 [2006]; People v McHarris, 297 AD2d 824, 825 [2002]; People v Sinclair, 231 AD2d 926, 926 [1996]; People v Clark, 222 AD2d 446, 447 [1995]; People v Vaughn, 209 AD2d 459, 460 [1994]; People v Holder, 203 AD2d 382, 383 [1994]; People v Thomas, 186 AD2d 602, 602-603 [1992]; People v Ander 2013In any event, for the most part, the challenged remarks were fair comment on the evidence, or remained within the broad bounds of rhetorical comment permissible in summations, and were responsive to the summation of defense counsel (see People v Dorgan, 42 AD3d 505, 505 [2007]; People v Barnes, 33 AD3d 811, 812 [2006]; People v McHarris, 297 AD2d 824, 825 [2002]; People v Sinclair, 231 AD2d 926, 926 [1996]; People v Clark, 222 AD2d 446, 447 [1995]; People v Vaughn, 209 AD2d 459, 460 [1994]; People v Holder, 203 AD2d 382, 383 [1994]; People v Thomas, 186 AD2d 602, 602-603 [1992]; People v Ander | 5 | 5 |
People v. Ashwalgreen2 sentences2016Although we can agree that the summation was not error free and that some of the comments were improper, reversal is required only where the prosecutorial misconduct results in substantial prejudice to the defendant to such an extent that he or she was deprived of due process of law (see People v Ashwal, 39 NY2d 105, 109 [1976]; People v Newkirk, 75 AD3d 853, 857 [2010], lv denied 16 NY3d 834 [2011]; People v Shutter, 72 AD3d 1211, 1214 [2010], lv denied 14 NY3d 892 [2010]; People v Robinson, 16 AD3d 768, 770 [2005], lv denied 4 NY3d 856 [2005]). 2016Although we can agree that the summation was not error free and that some of the comments were improper, reversal is required only where the prosecutorial misconduct results in substantial prejudice to the defendant to such an extent that he or she was deprived of due process of law (see People v Ashwal, 39 NY2d 105, 109 [1976]; People v Newkirk, 75 AD3d 853, 857 [2010], lv denied 16 NY3d 834 [2011]; People v Shutter, 72 AD3d 1211, 1214 [2010], lv denied 14 NY3d 892 [2010]; People v Robinson, 16 AD3d 768, 770 [2005], lv denied 4 NY3d 856 [2005]). | 4 | 9 |
People v. Jacksongreen2 sentences2019In any event, evaluating the prosecutor's comments on summation "in light of the defense summation" ( People v Halm , 81 NY2d 819 , 821 [1993]), we conclude that the prosecutor's comments "constituted fair comment on the evidence . . . as well as fair response to the summation of defense counsel" ( People v Jackson , 141 AD3d 1095 , 1096 [4th Dept 2016], lv denied 28 NY3d 1146 [2017]). 2017In any event, we conclude that the prosecutor’s remarks constituted fair comment upon the evidence or fair response to the summation of defense counsel (see People v Jackson, 141 AD3d 1095, 1096 [2016]; see also People v Lyon, 77 AD3d 1338, 1339 [2010], lv denied 15 NY3d 954 [2010]). | 4 | 7 |
People v. Almontegreen2 sentences2013To the extent that some of the comments were improper, they were sufficiently addressed by the Supreme Court’s instructions to the jury (see People v Evans, 291 AD2d 569, 569 [2002]; People v Brown, 272 AD2d 338, 339 [2000]) and did not deprive the defendant of due process and a fair trial (see People v Almonte, 23 AD3d 392, 394 [2005]; People v Svanberg, 293 AD2d 555, 555 [2002]; People v Holder, 203 AD2d at 383 ). 2013To the extent that some of the comments were improper, they were sufficiently addressed by the Supreme Court’s instructions to the jury (see People v Evans, 291 AD2d 569, 569 [2002]; People v Brown, 272 AD2d 338, 339 [2000]) and did not deprive the defendant of due process and a fair trial (see People v Almonte, 23 AD3d 392, 394 [2005]; People v Svanberg, 293 AD2d 555, 555 [2002]; People v Holder, 203 AD2d at 383 ). | 3 | 5 |
People v. Westgreen2 sentences2012Moreover, the prosecutor’s comment that the officer investigated the case “rather well” was “a fair response to the summation of defense counsel, who had attacked the credibility [of the officer]” (People v West, 4 AD3d 791, 792 [2004]). 2012Moreover, the prosecutor’s comment that the officer investigated the case “rather well” was “a fair response to the summation of defense counsel, who had attacked the credibility [of the officer]” (People v West, 4 AD3d 791, 792 [2004]). | 3 | 4 |
People v. Lyongreen2 sentences2017In any event, we conclude that the prosecutor’s remarks constituted fair comment upon the evidence or fair response to the summation of defense counsel (see People v Jackson, 141 AD3d 1095, 1096 [2016]; see also People v Lyon, 77 AD3d 1338, 1339 [2010], lv denied 15 NY3d 954 [2010]). 2017In any event, we conclude that the prosecutor’s remarks constituted fair comment upon the evidence or fair response to the summation of defense counsel (see People v Jackson, 141 AD3d 1095, 1096 [2016]; see also People v Lyon, 77 AD3d 1338, 1339 [2010], lv denied 15 NY3d 954 [2010]). | 3 | 3 |
Henson v. Bellgreen2 sentences2016We conclude that the evidence is legally sufficient, in terms of the requisite corroboration of defendant’s statement (see CPL 60.50), to support defendant’s conviction of felony murder (see People v Harper, 132 AD3d 1230, 1231 [2015]; People v Hamilton, 121 AD2d 395, 396 [1986]; see also People v Murray, 40 NY2d 327, 331 [1976], rearg denied 40 NY2d 1080 [1976], cert denied 430 US 948 [1977]). 2016We conclude that the evidence is legally sufficient, in terms of the requisite corroboration of defendant’s statement (see CPL 60.50), to support defendant’s conviction of felony murder (see People v Harper, 132 AD3d 1230, 1231 [2015]; People v Hamilton, 121 AD2d 395, 396 [1986]; see also People v Murray, 40 NY2d 327, 331 [1976], rearg denied 40 NY2d 1080 [1976], cert denied 430 US 948 [1977]). | 3 | 3 |
People v. Murraygreen2 sentences2016We conclude that the evidence is legally sufficient, in terms of the requisite corroboration of defendant’s statement (see CPL 60.50), to support defendant’s conviction of felony murder (see People v Harper, 132 AD3d 1230, 1231 [2015]; People v Hamilton, 121 AD2d 395, 396 [1986]; see also People v Murray, 40 NY2d 327, 331 [1976], rearg denied 40 NY2d 1080 [1976], cert denied 430 US 948 [1977]). 2016We conclude that the evidence is legally sufficient, in terms of the requisite corroboration of defendant’s statement (see CPL 60.50), to support defendant’s conviction of felony murder (see People v Harper, 132 AD3d 1230, 1231 [2015]; People v Hamilton, 121 AD2d 395, 396 [1986]; see also People v Murray, 40 NY2d 327, 331 [1976], rearg denied 40 NY2d 1080 [1976], cert denied 430 US 948 [1977]). | 3 | 3 |
| People v. Andersongreen | 3 | 3 |
| People v. Holdergreen | 3 | 3 |
| People v. Vilsaintgreen | 3 | 3 |
| People v. Baldigreen | 3 | 3 |
People v. Goodmangreen2 sentences2013To the extent that some of the comments were improper, they were sufficiently addressed by the Supreme Court’s instructions to the jury (see People v Evans, 291 AD2d 569, 569 [2002]; People v Brown, 272 AD2d 338, 339 [2000]) and did not deprive the defendant of due process and a fair trial (see People v Almonte, 23 AD3d 392, 394 [2005]; People v Svanberg, 293 AD2d 555, 555 [2002]; People v Holder, 203 AD2d at 383 ). 2013To the extent that some of the comments were improper, they were sufficiently addressed by the Supreme Court’s instructions to the jury (see People v Evans, 291 AD2d 569, 569 [2002]; People v Brown, 272 AD2d 338, 339 [2000]) and did not deprive the defendant of due process and a fair trial (see People v Almonte, 23 AD3d 392, 394 [2005]; People v Svanberg, 293 AD2d 555, 555 [2002]; People v Holder, 203 AD2d at 383 ). | 2 | 7 |
People v. Riveragreen2 sentences2016The remarks in question constituted fair comment on the evidence (see People v Rivera, 133 AD3d 1255, 1256 [2015]; People v Lofton, 132 AD3d 1242, 1243 [2015]) as well as fair response to the summation of defense counsel (see People v Halm, 81 NY2d 819, 821 [1993]; People v Walker, 117 AD3d 1441, 1442 [2014], lv denied 23 NY3d 1044 [2014]), and those remarks did not sidetrack the jurors from their ultimate responsibility of determining the facts essential to defendant’s guilt or innocence (see generally People v Calabria, 94 NY2d 519, 523 [2000]; People v Alicea, 37 NY2d 601, 605 [1975]). 2016The remarks in question constituted fair comment on the evidence (see People v Rivera, 133 AD3d 1255, 1256 [2015]; People v Lofton, 132 AD3d 1242, 1243 [2015]) as well as fair response to the summation of defense counsel (see People v Halm, 81 NY2d 819, 821 [1993]; People v Walker, 117 AD3d 1441, 1442 [2014], lv denied 23 NY3d 1044 [2014]), and those remarks did not sidetrack the jurors from their ultimate responsibility of determining the facts essential to defendant’s guilt or innocence (see generally People v Calabria, 94 NY2d 519, 523 [2000]; People v Alicea, 37 NY2d 601, 605 [1975]). | 2 | 6 |
People v. D'Alessandrogreen2 sentences2002Were we to review these claims, we would find that the prosecutor’s summation constituted a fair response to the summation of defense counsel and fair comment on the evidence (see, People v Overlee, 236 AD2d 133 , lv denied 91 NY2d 976 ; People v D'Alessandro, 184 AD2d 114, 118-119 , lv denied 81 NY2d 884 ). 1998The majority of the challenged comments constituted a proper response to the summation of defense counsel (People v Galloway, 54 NY2d 396 ) and, although some would be better left unsaid, there was no obdurate pattern of inflammatory remarks or of egregious and pervasive prosecutorial misconduct, warranting a new trial (see, People v D’Alessandro, 184 AD2d 114 , lv denied 81 NY2d 884 ). | 2 | 5 |
People v. Pagangreen2 sentences2017While some of the challenged remarks, including those which denigrated the defense, were improper (see People v Irving, 130 AD3d 844 [2015]; People v Brown, 26 AD3d 392 [2006]; People v Pagan, 2 AD3d 879 [2003]), they were either sufficiently addressed by the Supreme Court’s instructions to the jury or not so egregious as to have deprived the defendant of a fair trial {see People v Singh, 138 AD3d 767, 768 [2016]; People v Flowers, 102 AD3d at 886 ; People v Persaud, 98 AD3d 527, 529 [2012]; People v Rogers, 92 AD3d 903 [2012]; People v Banyan, 60 AD3d 861 [2009]). 2012We therefore agree with defendant that the cumulative effect of the prosecutor’s improper comments during summation deprived defendant of his right to a fair trial, requiring reversal (see People v Pagan, 2 AD3d 879, 880 [2003]). | 2 | 4 |
People v. Calabriagreen2 sentences2016The remarks in question constituted fair comment on the evidence (see People v Rivera, 133 AD3d 1255, 1256 [2015]; People v Lofton, 132 AD3d 1242, 1243 [2015]) as well as fair response to the summation of defense counsel (see People v Halm, 81 NY2d 819, 821 [1993]; People v Walker, 117 AD3d 1441, 1442 [2014], lv denied 23 NY3d 1044 [2014]), and those remarks did not sidetrack the jurors from their ultimate responsibility of determining the facts essential to defendant’s guilt or innocence (see generally People v Calabria, 94 NY2d 519, 523 [2000]; People v Alicea, 37 NY2d 601, 605 [1975]). 2016The remarks in question constituted fair comment on the evidence (see People v Rivera, 133 AD3d 1255, 1256 [2015]; People v Lofton, 132 AD3d 1242, 1243 [2015]) as well as fair response to the summation of defense counsel (see People v Halm, 81 NY2d 819, 821 [1993]; People v Walker, 117 AD3d 1441, 1442 [2014], lv denied 23 NY3d 1044 [2014]), and those remarks did not sidetrack the jurors from their ultimate responsibility of determining the facts essential to defendant’s guilt or innocence (see generally People v Calabria, 94 NY2d 519, 523 [2000]; People v Alicea, 37 NY2d 601, 605 [1975]). | 2 | 4 |
People v. Garciagreen2 sentences2016We conclude that the evidence is legally sufficient, in terms of the requisite corroboration of defendant’s statement (see CPL 60.50), to support defendant’s conviction of felony murder (see People v Harper, 132 AD3d 1230, 1231 [2015]; People v Hamilton, 121 AD2d 395, 396 [1986]; see also People v Murray, 40 NY2d 327, 331 [1976], rearg denied 40 NY2d 1080 [1976], cert denied 430 US 948 [1977]). 2016We conclude that the evidence is legally sufficient, in terms of the requisite corroboration of defendant’s statement (see CPL 60.50), to support defendant’s conviction of felony murder (see People v Harper, 132 AD3d 1230, 1231 [2015]; People v Hamilton, 121 AD2d 395, 396 [1986]; see also People v Murray, 40 NY2d 327, 331 [1976], rearg denied 40 NY2d 1080 [1976], cert denied 430 US 948 [1977]). | 2 | 3 |
People v. Walkergreen2 sentences2016The remarks in question constituted fair comment on the evidence (see People v Rivera, 133 AD3d 1255, 1256 [2015]; People v Lofton, 132 AD3d 1242, 1243 [2015]) as well as fair response to the summation of defense counsel (see People v Halm, 81 NY2d 819, 821 [1993]; People v Walker, 117 AD3d 1441, 1442 [2014], lv denied 23 NY3d 1044 [2014]), and those remarks did not sidetrack the jurors from their ultimate responsibility of determining the facts essential to defendant’s guilt or innocence (see generally People v Calabria, 94 NY2d 519, 523 [2000]; People v Alicea, 37 NY2d 601, 605 [1975]). 2016The remarks in question constituted fair comment on the evidence (see People v Rivera, 133 AD3d 1255, 1256 [2015]; People v Lofton, 132 AD3d 1242, 1243 [2015]) as well as fair response to the summation of defense counsel (see People v Halm, 81 NY2d 819, 821 [1993]; People v Walker, 117 AD3d 1441, 1442 [2014], lv denied 23 NY3d 1044 [2014]), and those remarks did not sidetrack the jurors from their ultimate responsibility of determining the facts essential to defendant’s guilt or innocence (see generally People v Calabria, 94 NY2d 519, 523 [2000]; People v Alicea, 37 NY2d 601, 605 [1975]). | 2 | 3 |
People v. Aliceagreen2 sentences2016The remarks in question constituted fair comment on the evidence (see People v Rivera, 133 AD3d 1255, 1256 [2015]; People v Lofton, 132 AD3d 1242, 1243 [2015]) as well as fair response to the summation of defense counsel (see People v Halm, 81 NY2d 819, 821 [1993]; People v Walker, 117 AD3d 1441, 1442 [2014], lv denied 23 NY3d 1044 [2014]), and those remarks did not sidetrack the jurors from their ultimate responsibility of determining the facts essential to defendant’s guilt or innocence (see generally People v Calabria, 94 NY2d 519, 523 [2000]; People v Alicea, 37 NY2d 601, 605 [1975]). 2016The remarks in question constituted fair comment on the evidence (see People v Rivera, 133 AD3d 1255, 1256 [2015]; People v Lofton, 132 AD3d 1242, 1243 [2015]) as well as fair response to the summation of defense counsel (see People v Halm, 81 NY2d 819, 821 [1993]; People v Walker, 117 AD3d 1441, 1442 [2014], lv denied 23 NY3d 1044 [2014]), and those remarks did not sidetrack the jurors from their ultimate responsibility of determining the facts essential to defendant’s guilt or innocence (see generally People v Calabria, 94 NY2d 519, 523 [2000]; People v Alicea, 37 NY2d 601, 605 [1975]). | 2 | 3 |
People v. Smithgreen2 sentences2016Defendant’s remaining claims of prosecutorial misconduct are not preserved for our review, and we decline to exercise our power to review those claims as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]; People v Smith, 129 AD3d 1549, 1549-1550 [2015], lv denied 26 NY3d 971 [2015]). 2016Defendant’s remaining claims of prosecutorial misconduct are not preserved for our review, and we decline to exercise our power to review those claims as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]; People v Smith, 129 AD3d 1549, 1549-1550 [2015], lv denied 26 NY3d 971 [2015]). | 2 | 3 |
People v. Harpergreen2 sentences2016We conclude that the evidence is legally sufficient, in terms of the requisite corroboration of defendant’s statement (see CPL 60.50), to support defendant’s conviction of felony murder (see People v Harper, 132 AD3d 1230, 1231 [2015]; People v Hamilton, 121 AD2d 395, 396 [1986]; see also People v Murray, 40 NY2d 327, 331 [1976], rearg denied 40 NY2d 1080 [1976], cert denied 430 US 948 [1977]). 2016We conclude that the evidence is legally sufficient, in terms of the requisite corroboration of defendant’s statement (see CPL 60.50), to support defendant’s conviction of felony murder (see People v Harper, 132 AD3d 1230, 1231 [2015]; People v Hamilton, 121 AD2d 395, 396 [1986]; see also People v Murray, 40 NY2d 327, 331 [1976], rearg denied 40 NY2d 1080 [1976], cert denied 430 US 948 [1977]). | 2 | 3 |
People v. Santorogreen2 sentences2016The remarks in question constituted fair comment on the evidence (see People v Rivera, 133 AD3d 1255, 1256 [2015]; People v Lofton, 132 AD3d 1242, 1243 [2015]) as well as fair response to the summation of defense counsel (see People v Halm, 81 NY2d 819, 821 [1993]; People v Walker, 117 AD3d 1441, 1442 [2014], lv denied 23 NY3d 1044 [2014]), and those remarks did not sidetrack the jurors from their ultimate responsibility of determining the facts essential to defendant’s guilt or innocence (see generally People v Calabria, 94 NY2d 519, 523 [2000]; People v Alicea, 37 NY2d 601, 605 [1975]). 2016The remarks in question constituted fair comment on the evidence (see People v Rivera, 133 AD3d 1255, 1256 [2015]; People v Lofton, 132 AD3d 1242, 1243 [2015]) as well as fair response to the summation of defense counsel (see People v Halm, 81 NY2d 819, 821 [1993]; People v Walker, 117 AD3d 1441, 1442 [2014], lv denied 23 NY3d 1044 [2014]), and those remarks did not sidetrack the jurors from their ultimate responsibility of determining the facts essential to defendant’s guilt or innocence (see generally People v Calabria, 94 NY2d 519, 523 [2000]; People v Alicea, 37 NY2d 601, 605 [1975]). | 2 | 3 |
| People v. Sinclairgreen | 2 | 3 |
| People v. Riversgreen | 2 | 3 |
| People v. Tollivergreen | 2 | 3 |
| People v. Cunninghamgreen | 2 | 3 |
| People v. Shuttergreen | 2 | 2 |
| People v. Newkirkgreen | 2 | 2 |
| People v. Cornwallgreen | 2 | 2 |
| People v. Thomasgreen | 2 | 2 |
People v. Flowersgreen2 sentences2021In any event, the challenged remark was not improper, as it was within the broad bounds of rhetorical comment permissible in summations, and responsive to the summation of defense counsel ( see People v Flowers , 102 AD3d 885, 886 ). 2021In any event, the challenged remarks were fair comment on the evidence, or remained within the broad bounds of rhetorical comment permissible in summations, and constituted a fair response to the summation of defense counsel ( see People v Flowers , 102 AD3d 885, 886 ). | 1 | 5 |
| People v. Brosnangreen | 1 | 2 |
| People v. Dumervilgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Galloway
green
2 sentences1999The challenged portions of the prosecutor’s summation constituted proper inferences to be drawn from the evidence (People v Ashwal, 39 NY2d 105 ) and proper responses to the summation of defense counsel (People v Galloway, 54 NY2d 396 ). 1999The challenged portions of the prosecutor’s summation constituted proper inferences to be drawn from the evidence (People v Ashwal, 39 NY2d 105 ) and proper responses to the summation of defense counsel (People v Galloway, 54 NY2d 396 ). | 14 | 1987–1999 |
People v. Jenkins
green
2 sentences2012In any event, the challenged summation remarks were fair comment on the evidence, permissible rhetorical comment, or responsive to the summation of defense counsel (see generally People v Jenkins, 93 AD3d 861 [2012]). 2012In any event, the challenged summation remarks were fair comment on the evidence, permissible rhetorical comment, or responsive to the summation of defense counsel (see generally People v Jenkins, 93 AD3d 861 [2012]). | 5 | 2012–2018 |
People v. Overlee
green
2 sentences2013The portions of the prosecutor’s summation to which defense counsel did object were responsive to defense arguments and drew appropriate inferences from the evidence (see People v Overlee, 236 AD2d 133 [1st Dept 1997], lv denied 91 NY2d 976 [1998]). 2013The portions of the prosecutor’s summation to which defense counsel did object were responsive to defense arguments and drew appropriate inferences from the evidence (see People v Overlee, 236 AD2d 133 [1st Dept 1997], lv denied 91 NY2d 976 [1998]). | 4 | 2000–2013 |
People v. Marks
green
2 sentences1999In any event, the prosecutor’s summation did not exceed the broad bounds of fair comment upon the evidence (see, People v Galloway, 54 NY2d 396) and, in part, was a permissible response to the summation of defense counsel (see, People v Thomas, 51 NY2d 466 ; People v Marks, 6 NY2d 67, cert denied 362 US 912 ). 1987The trial court sustained defense counsel’s objection to the first remark and delivered immediate curative instructions, and the second remark was a fair comment on the evidence and on the summation of the defense counsel (see, People v Galloway, 54 NY2d 396 ; People v Marks, 6 NY2d 67 , cert denied 362 US 912 ; People v Ayala, 120 AD2d 600 ). | 4 | 1975–1999 |
| People v. Masaguilar green | 3 | 2012–2012 |
| People v. DESIO green | 3 | 2012–2012 |
| People v. DaCOSTA green | 3 | 2012–2012 |
| Travelers Indemnity Co. v. United States green | 3 | 1987–1999 |
| People v. Colon neutral | 3 | 1986–1992 |
| People v. Moore green | 2 | 2017–2020 |
| People v. Smith green | 2 | 2017–2020 |
| People v. Rogers green | 2 | 2016–2016 |
| People v. Providence green | 2 | 2016–2016 |
| People v. Suitte green | 2 | 2013–2013 |
| People v. King green | 2 | 2013–2013 |
| People v. Honeycutt green | 2 | 2013–2013 |
| People v. White green | 2 | 2010–2010 |
| People v. Urena neutral | 2 | 2007–2008 |
| People v. Draksin green | 2 | 1989–2001 |
| People v. Thomas green | 2 | 1991–1992 |
| People v. Jones green | 2 | 1986–1990 |
| People v. Street green | 2 | 1988–1989 |
| People v. Anthony green | 2 | 1986–1989 |
| People v. De Cristofaro green | 2 | 1977–1977 |
| People v. Perdomo green | 1 | 2022–2022 |
| People v. Chizor green | 1 | 2022–2022 |
| People v. Marcus green | 1 | 2022–2022 |
| People v. Benjamin green | 1 | 2021–2021 |
| People v. Benevento green | 1 | 2021–2021 |
| People v. Georgiou green | 1 | 2021–2021 |
| People v. Heath green | 1 | 2019–2019 |
| People v. Ferrer green | 1 | 2019–2019 |
| People v. O'Keefe green | 1 | 2018–2018 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.