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10 New York opinions name it 1 courts 2014–2026 7 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. Kilgoregreen2 sentences2024Finally, given the seriousness of the crime, defendant's lengthy criminal history and his failure to accept responsibility, we do not discern any basis upon which to modify the sentence imposed ( see CPL 470.15 [6] [b]; People v Bridges , 220 AD3d 1107, 1113 [3d Dept 2023]; People v Kilgore , 218 AD3d 1054, 1058 [3d Dept 2023], lv denied ___ NY3d ___ [Dec. 18, 2023]). 2024Finally, given the seriousness of the crime, defendant's lengthy criminal history and his failure to accept responsibility, we do not discern any basis upon which to modify the sentence imposed ( see CPL 470.15 [6] [b]; People v Bridges , 220 AD3d 1107, 1113 [3d Dept 2023]; People v Kilgore , 218 AD3d 1054, 1058 [3d Dept 2023], lv denied ___ NY3d ___ [Dec. 18, 2023]). | 2 | 2 |
People v. Bridgesgreen2 sentences2024Finally, given the seriousness of the crime, defendant's lengthy criminal history and his failure to accept responsibility, we do not discern any basis upon which to modify the sentence imposed ( see CPL 470.15 [6] [b]; People v Bridges , 220 AD3d 1107, 1113 [3d Dept 2023]; People v Kilgore , 218 AD3d 1054, 1058 [3d Dept 2023], lv denied ___ NY3d ___ [Dec. 18, 2023]). 2024Finally, given the seriousness of the crime, defendant's lengthy criminal history and his failure to accept responsibility, we do not discern any basis upon which to modify the sentence imposed ( see CPL 470.15 [6] [b]; People v Bridges , 220 AD3d 1107, 1113 [3d Dept 2023]; People v Kilgore , 218 AD3d 1054, 1058 [3d Dept 2023], lv denied ___ NY3d ___ [Dec. 18, 2023]). | 2 | 2 |
People v. Mitchellgreen2 sentences2025In any event, the challenged remarks were either fair comment on the evidence or responsive to defense counsel's summation ( see People v Halm , 81 NY2d 819, 821; People v Ashwal , 39 NY2d 105, 109-110). 2025In any event, the challenged remarks were either fair comment on the evidence or responsive to defense counsel's summation ( see People v Halm , 81 NY2d 819, 821; People v Ashwal , 39 NY2d 105, 109-110). | 1 | 3 |
People v. Ashwalgreen2 sentences2025In any event, the challenged remarks were either fair comment on the evidence or responsive to defense counsel's summation ( see People v Halm , 81 NY2d 819, 821; People v Ashwal , 39 NY2d 105, 109-110). 2025In any event, the challenged remarks were either fair comment on the evidence or responsive to defense counsel's summation ( see People v Halm , 81 NY2d 819, 821; People v Ashwal , 39 NY2d 105, 109-110). | 1 | 2 |
People v. Kerleygreen1 sentence2020To that end, defendant's ineffective assistance of counsel claim premised upon his counsel's failure to object to the allegedly prejudicial comments is without merit ( see People v Watkins , 180 AD3d 1222 , 1233-1234 [2020]; People v Kerley , 154 AD3d 1074, 1076 [2017], lv denied 30 NY3d 1106 [2018]). | 1 | 1 |
People v. Smithgreen1 sentence2016In any event, this contention is without merit, as the prosecutor’s remarks were either fair comment on the evidence or responsive to defense counsel’s summation (see People v Collins, 135 AD3d 783 [2016]; People v Willis, 122 AD3d 950 [2014]; People v Smith, 64 AD3d 619, 620 [2009]). | 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. Hilton
green
2 sentences2024To the extent any of these challenges are preserved, "these remarks were either fair comment on the evidence or responsive to defense counsel's summation" ( People v Hilton , 185 AD3d at 1150 ). 2024To the extent any of these challenges are preserved, "these remarks were either fair comment on the evidence or responsive to defense counsel's summation" ( People v Hilton , 185 AD3d at 1150 ). | 2 | 2024–2024 |
People v. Howard
green
2 sentences2024Moreover, the prosecutor's summation remarks were either fair comment on the evidence or responsive to defense counsel's summation ( see People v Howard , 120 AD3d 1259, 1260 ), and there is no merit to the contention that these remarks deprived the defendant of a fair trial ( see People v Blackstock , 184 AD2d 775, 776 ). 2024In any event, the prosecutor's summation remarks were either fair comment on the evidence or responsive to defense counsel's summation ( see People v Halm , 81 NY2d 819, 821 ; People v Ashwal , 39 NY2d 105, 109-110 ; People v Smith , 187 AD3d 1652 , 1655; People v Howard , 120 AD3d 1259, 1260 ). | 2 | 2024–2024 |
People v. Chizor
green
1 sentence2026Although the prosecutor impermissibly attempted to shift the burden of proof during summation, any prejudice arising from those remarks was ameliorated by the Supreme Court immediately sustaining defense counsel's objections to the remarks and by the court's instructions to the jury ( see People v Chizor , 190 AD3d 763, 763 ). | 1 | 2026–2026 |
People v. Blackstock
neutral
1 sentence2024Moreover, the prosecutor's summation remarks were either fair comment on the evidence or responsive to defense counsel's summation ( see People v Howard , 120 AD3d 1259, 1260 ), and there is no merit to the contention that these remarks deprived the defendant of a fair trial ( see People v Blackstock , 184 AD2d 775, 776 ). | 1 | 2024–2024 |
People v. Morrow
green
1 sentence2024Moreover, the prosecutor's remarks regarding the defendant's credibility were proper, since the issue of credibility was central to the trial ( see People v Morrow , 143 AD3d 919, 921 ). | 1 | 2024–2024 |
People v. Gjenashaj
neutral
1 sentence2024Further, the evidence of the defendant's guilt was overwhelming, and there is no significant probability that any improper remarks made by the prosecutor during summations contributed to the defendant's conviction ( see People v Green , 223 AD3d 914 ). | 1 | 2024–2024 |
People v. Komynar
green
2 sentences2024In any event, most of the challenged summation remarks were either fair comment on the evidence or responsive to defense counsel's summation ( see People v Halm , 81 NY2d 819, 821 ; People v Komynar , 210 AD3d 698, 700 ). 2024To the extent that any of the prosecutor's remarks were improper, they were not so flagrant or pervasive as to have deprived the defendant of a fair trial ( see People v Komynar , 210 AD3d at 700 ). | 1 | 2024–2024 |
People v. Jones
green
1 sentence2020To that end, defendant's ineffective assistance of counsel claim premised upon his counsel's failure to object to the allegedly prejudicial comments is without merit ( see People v Watkins , 180 AD3d 1222 , 1233-1234 [2020]; People v Kerley , 154 AD3d 1074, 1076 [2017], lv denied 30 NY3d 1106 [2018]). | 1 | 2020–2020 |
People v. Watkins
green
1 sentence2020To that end, defendant's ineffective assistance of counsel claim premised upon his counsel's failure to object to the allegedly prejudicial comments is without merit ( see People v Watkins , 180 AD3d 1222 , 1233-1234 [2020]; People v Kerley , 154 AD3d 1074, 1076 [2017], lv denied 30 NY3d 1106 [2018]). | 1 | 2020–2020 |
People v. Brown
green
1 sentence2016In any event, this contention is without merit, as the prosecutor’s remarks were either fair comment on the evidence or responsive to defense counsel’s summation (see People v Collins, 135 AD3d 783 [2016]; People v Willis, 122 AD3d 950 [2014]; People v Smith, 64 AD3d 619, 620 [2009]). | 1 | 2016–2016 |
People v. Willis
green
1 sentence2016In any event, this contention is without merit, as the prosecutor’s remarks were either fair comment on the evidence or responsive to defense counsel’s summation (see People v Collins, 135 AD3d 783 [2016]; People v Willis, 122 AD3d 950 [2014]; People v Smith, 64 AD3d 619, 620 [2009]). | 1 | 2016–2016 |
People v. Rogers
neutral
2 sentences2014The prosecutor’s remarks were either fair comment on the evidence or responsive to defense counsel’s summation (see People v Caldwell, 115 AD3d 870 [2014]; People v Polin, 63 AD3d 1180 [2009]). 2014The prosecutor's remarks were either fair comment on the evidence or responsive to defense counsel's summation ( see People v Caldwell , 115 AD3d 870 ; People v Polin , 63 AD3d 1180 ). | 1 | 2014–2014 |
People v. Brookins
green
2 sentences2014The prosecutor’s remarks were either fair comment on the evidence or responsive to defense counsel’s summation (see People v Caldwell, 115 AD3d 870 [2014]; People v Polin, 63 AD3d 1180 [2009]). 2014The prosecutor's remarks were either fair comment on the evidence or responsive to defense counsel's summation ( see People v Caldwell , 115 AD3d 870 ; People v Polin , 63 AD3d 1180 ). | 1 | 2014–2014 |