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9 New York opinions name it 1 courts 1990–2015 0 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. Vasquezgreen2 sentences2013Furthermore, while we recently reiterated that when remarks by counsel “ ‘affirmatively undermine[ ]’ ” arguments that a defendant seeks to present pro se to the trial court, the defendant is deprived of the effective assistance of counsel (People v McCray, 106 AD3d 1374 , 1375 [2013], quoting People v Vasquez, 70 NY2d 1, 4 [1987]), the record here reveals that the remarks made by defense counsel with which defendant takes issue were made before counsel was aware of the substance of the claims being advanced in defendant’s pro se motion. 2013Furthermore, while we recently reiterated that when remarks by counsel “ ‘affirmatively undermine[ ]’ ” arguments that a defendant seeks to present pro se to the trial court, the defendant is deprived of the effective assistance of counsel (People v McCray, 106 AD3d 1374 , 1375 [2013], quoting People v Vasquez, 70 NY2d 1, 4 [1987]), the record here reveals that the remarks made by defense counsel with which defendant takes issue were made before counsel was aware of the substance of the claims being advanced in defendant’s pro se motion. | 2 | 2 |
People v. Lewisgreen2 sentences2012In any event, the prosecutor’s comments were either fair response to the remarks made by the defense counsel on summation (see People v Halm, 81 NY2d 819, 821 [1993]; People v Gonzalez, 11 AD3d 558 [2004]; People v Malave, 7 AD3d 542 [2004]), or not so egregious as to have deprived the defendant of a fair trial (see People v Mullings, 83 AD3d 871, 872 [2011]; People v Lewis, 72 AD3d 705, 707 [2010]; People v Norman, 40 AD3d 1130, 1131 [2007]). 2012In any event, the prosecutor’s comments were either fair response to the remarks made by the defense counsel on summation (see People v Halm, 81 NY2d 819, 821 [1993]; People v Gonzalez, 11 AD3d 558 [2004]; People v Malave, 7 AD3d 542 [2004]), or not so egregious as to have deprived the defendant of a fair trial (see People v Mullings, 83 AD3d 871, 872 [2011]; People v Lewis, 72 AD3d 705, 707 [2010]; People v Norman, 40 AD3d 1130, 1131 [2007]). | 2 | 2 |
People v. Mullingsgreen2 sentences2012In any event, the prosecutor’s comments were either fair response to the remarks made by the defense counsel on summation (see People v Halm, 81 NY2d 819, 821 [1993]; People v Gonzalez, 11 AD3d 558 [2004]; People v Malave, 7 AD3d 542 [2004]), or not so egregious as to have deprived the defendant of a fair trial (see People v Mullings, 83 AD3d 871, 872 [2011]; People v Lewis, 72 AD3d 705, 707 [2010]; People v Norman, 40 AD3d 1130, 1131 [2007]). 2012In any event, the prosecutor’s comments were either fair response to the remarks made by the defense counsel on summation (see People v Halm, 81 NY2d 819, 821 [1993]; People v Gonzalez, 11 AD3d 558 [2004]; People v Malave, 7 AD3d 542 [2004]), or not so egregious as to have deprived the defendant of a fair trial (see People v Mullings, 83 AD3d 871, 872 [2011]; People v Lewis, 72 AD3d 705, 707 [2010]; People v Norman, 40 AD3d 1130, 1131 [2007]). | 2 | 2 |
People v. Mitchellgreen2 sentences2012In any event, the prosecutor’s comments were either fair response to the remarks made by the defense counsel on summation (see People v Halm, 81 NY2d 819, 821 [1993]; People v Gonzalez, 11 AD3d 558 [2004]; People v Malave, 7 AD3d 542 [2004]), or not so egregious as to have deprived the defendant of a fair trial (see People v Mullings, 83 AD3d 871, 872 [2011]; People v Lewis, 72 AD3d 705, 707 [2010]; People v Norman, 40 AD3d 1130, 1131 [2007]). 2012In any event, the prosecutor’s comments were either fair response to the remarks made by the defense counsel on summation (see People v Halm, 81 NY2d 819, 821 [1993]; People v Gonzalez, 11 AD3d 558 [2004]; People v Malave, 7 AD3d 542 [2004]), or not so egregious as to have deprived the defendant of a fair trial (see People v Mullings, 83 AD3d 871, 872 [2011]; People v Lewis, 72 AD3d 705, 707 [2010]; People v Norman, 40 AD3d 1130, 1131 [2007]). | 2 | 2 |
People v. Normangreen2 sentences2012In any event, the prosecutor’s comments were either fair response to the remarks made by the defense counsel on summation (see People v Halm, 81 NY2d 819, 821 [1993]; People v Gonzalez, 11 AD3d 558 [2004]; People v Malave, 7 AD3d 542 [2004]), or not so egregious as to have deprived the defendant of a fair trial (see People v Mullings, 83 AD3d 871, 872 [2011]; People v Lewis, 72 AD3d 705, 707 [2010]; People v Norman, 40 AD3d 1130, 1131 [2007]). 2012In any event, the prosecutor’s comments were either fair response to the remarks made by the defense counsel on summation (see People v Halm, 81 NY2d 819, 821 [1993]; People v Gonzalez, 11 AD3d 558 [2004]; People v Malave, 7 AD3d 542 [2004]), or not so egregious as to have deprived the defendant of a fair trial (see People v Mullings, 83 AD3d 871, 872 [2011]; People v Lewis, 72 AD3d 705, 707 [2010]; People v Norman, 40 AD3d 1130, 1131 [2007]). | 2 | 2 |
People v. Bakergreen2 sentences2012Moreover, under the circumstances of this case, the prosecutor’s use of slides as visual aids during summation did not prejudice the defendant or deprive him of a fair trial (see generally People v Baker, 14 NY3d 266, 273-274 [2010]). 2012Moreover, under the circumstances of this case, the prosecutor’s use of slides as visual aids during summation did not prejudice the defendant or deprive him of a fair trial (see generally People v Baker, 14 NY3d 266, 273-274 [2010]). | 2 | 2 |
People v. Irvinggreen1 sentence2007In any event, the prosecutor’s remarks were either fair comment on the evidence (cf. People v Ashwal, 39 NY2d 105, 109 [1976]), fair response to the remarks made by the defense counsel on summation (see People v Williams, 37 AD3d 626 [2007]; People v Irving, 265 AD2d 575, 575-576 [1999]), or not so egregious as to have denied the defendant a fair trial (see People v Lawson, 275 AD2d 721, 722 [2000]; People v Roopchand, 107 AD2d 35 [1985], affd 65 NY2d 837 [1985]). | 1 | 1 |
People v. Lawsongreen1 sentence2007In any event, the prosecutor’s remarks were either fair comment on the evidence (cf. People v Ashwal, 39 NY2d 105, 109 [1976]), fair response to the remarks made by the defense counsel on summation (see People v Williams, 37 AD3d 626 [2007]; People v Irving, 265 AD2d 575, 575-576 [1999]), or not so egregious as to have denied the defendant a fair trial (see People v Lawson, 275 AD2d 721, 722 [2000]; People v Roopchand, 107 AD2d 35 [1985], affd 65 NY2d 837 [1985]). | 1 | 1 |
People v. Ashwalgreen1 sentence2007In any event, the prosecutor’s remarks were either fair comment on the evidence (cf. People v Ashwal, 39 NY2d 105, 109 [1976]), fair response to the remarks made by the defense counsel on summation (see People v Williams, 37 AD3d 626 [2007]; People v Irving, 265 AD2d 575, 575-576 [1999]), or not so egregious as to have denied the defendant a fair trial (see People v Lawson, 275 AD2d 721, 722 [2000]; People v Roopchand, 107 AD2d 35 [1985], affd 65 NY2d 837 [1985]). | 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. McCray
green
2 sentences2013Furthermore, while we recently reiterated that when remarks by counsel “ ‘affirmatively undermine[ ]’ ” arguments that a defendant seeks to present pro se to the trial court, the defendant is deprived of the effective assistance of counsel (People v McCray, 106 AD3d 1374 , 1375 [2013], quoting People v Vasquez, 70 NY2d 1, 4 [1987]), the record here reveals that the remarks made by defense counsel with which defendant takes issue were made before counsel was aware of the substance of the claims being advanced in defendant’s pro se motion. 2013Furthermore, while we recently reiterated that when remarks by counsel “ ‘affirmatively undermine[ ]’ ” arguments that a defendant seeks to present pro se to the trial court, the defendant is deprived of the effective assistance of counsel (People v McCray, 106 AD3d 1374 , 1375 [2013], quoting People v Vasquez, 70 NY2d 1, 4 [1987]), the record here reveals that the remarks made by defense counsel with which defendant takes issue were made before counsel was aware of the substance of the claims being advanced in defendant’s pro se motion. | 2 | 2013–2013 |
People v. King
green
2 sentences2012In any event, the prosecutor’s comments were either fair response to the remarks made by the defense counsel on summation (see People v Halm, 81 NY2d 819, 821 [1993]; People v Gonzalez, 11 AD3d 558 [2004]; People v Malave, 7 AD3d 542 [2004]), or not so egregious as to have deprived the defendant of a fair trial (see People v Mullings, 83 AD3d 871, 872 [2011]; People v Lewis, 72 AD3d 705, 707 [2010]; People v Norman, 40 AD3d 1130, 1131 [2007]). 2012In any event, the prosecutor’s comments were either fair response to the remarks made by the defense counsel on summation (see People v Halm, 81 NY2d 819, 821 [1993]; People v Gonzalez, 11 AD3d 558 [2004]; People v Malave, 7 AD3d 542 [2004]), or not so egregious as to have deprived the defendant of a fair trial (see People v Mullings, 83 AD3d 871, 872 [2011]; People v Lewis, 72 AD3d 705, 707 [2010]; People v Norman, 40 AD3d 1130, 1131 [2007]). | 2 | 2012–2012 |
People v. Garrick
green
2 sentences2012In any event, the prosecutor’s comments were either fair response to the remarks made by the defense counsel on summation (see People v Halm, 81 NY2d 819, 821 [1993]; People v Gonzalez, 11 AD3d 558 [2004]; People v Malave, 7 AD3d 542 [2004]), or not so egregious as to have deprived the defendant of a fair trial (see People v Mullings, 83 AD3d 871, 872 [2011]; People v Lewis, 72 AD3d 705, 707 [2010]; People v Norman, 40 AD3d 1130, 1131 [2007]). 2012In any event, the prosecutor’s comments were either fair response to the remarks made by the defense counsel on summation (see People v Halm, 81 NY2d 819, 821 [1993]; People v Gonzalez, 11 AD3d 558 [2004]; People v Malave, 7 AD3d 542 [2004]), or not so egregious as to have deprived the defendant of a fair trial (see People v Mullings, 83 AD3d 871, 872 [2011]; People v Lewis, 72 AD3d 705, 707 [2010]; People v Norman, 40 AD3d 1130, 1131 [2007]). | 2 | 2012–2012 |
People v. Roopchand
green
2 sentences2007In any event, the prosecutor’s remarks were either fair comment on the evidence (cf. People v Ashwal, 39 NY2d 105, 109 [1976]), fair response to the remarks made by the defense counsel on summation (see People v Williams, 37 AD3d 626 [2007]; People v Irving, 265 AD2d 575, 575-576 [1999]), or not so egregious as to have denied the defendant a fair trial (see People v Lawson, 275 AD2d 721, 722 [2000]; People v Roopchand, 107 AD2d 35 [1985], affd 65 NY2d 837 [1985]). 2000In any event, the prosecutor’s remarks were fair comment on the evidence, fair response to the remarks made by defense counsel during summation, not so egregious as to have denied the defendant a fair trial, or harmless in light of the overwhelming evidence of the defendant’s guilt (see, People v Crimmins, 36 NY2d 230 ; People v Sperling, 272 AD2d 419 ; People v Patrona, 232 AD2d 432 ; People v Roopchand, 107 AD2d 35, 36 , affd 65 NY2d 837 ). | 2 | 2000–2007 |
People v. Tiro
green
1 sentence2015In any event, the challenged comments were either fair response to the remarks made by the defense counsel on summation, or not so egregious as to have deprived the defendant of a fair trial (see People v Tiro, 100 AD3d 663 [2012]). | 1 | 2015–2015 |
People v. Williams
green
1 sentence2007In any event, the prosecutor’s remarks were either fair comment on the evidence (cf. People v Ashwal, 39 NY2d 105, 109 [1976]), fair response to the remarks made by the defense counsel on summation (see People v Williams, 37 AD3d 626 [2007]; People v Irving, 265 AD2d 575, 575-576 [1999]), or not so egregious as to have denied the defendant a fair trial (see People v Lawson, 275 AD2d 721, 722 [2000]; People v Roopchand, 107 AD2d 35 [1985], affd 65 NY2d 837 [1985]). | 1 | 2007–2007 |
People v. Patrona
neutral
1 sentence2000In any event, the prosecutor’s remarks were fair comment on the evidence, fair response to the remarks made by defense counsel during summation, not so egregious as to have denied the defendant a fair trial, or harmless in light of the overwhelming evidence of the defendant’s guilt (see, People v Crimmins, 36 NY2d 230 ; People v Sperling, 272 AD2d 419 ; People v Patrona, 232 AD2d 432 ; People v Roopchand, 107 AD2d 35, 36 , affd 65 NY2d 837 ). | 1 | 2000–2000 |
People v. Crimmins
green
1 sentence2000In any event, the prosecutor’s remarks were fair comment on the evidence, fair response to the remarks made by defense counsel during summation, not so egregious as to have denied the defendant a fair trial, or harmless in light of the overwhelming evidence of the defendant’s guilt (see, People v Crimmins, 36 NY2d 230 ; People v Sperling, 272 AD2d 419 ; People v Patrona, 232 AD2d 432 ; People v Roopchand, 107 AD2d 35, 36 , affd 65 NY2d 837 ). | 1 | 2000–2000 |
People v. Sperling
neutral
1 sentence2000In any event, the prosecutor’s remarks were fair comment on the evidence, fair response to the remarks made by defense counsel during summation, not so egregious as to have denied the defendant a fair trial, or harmless in light of the overwhelming evidence of the defendant’s guilt (see, People v Crimmins, 36 NY2d 230 ; People v Sperling, 272 AD2d 419 ; People v Patrona, 232 AD2d 432 ; People v Roopchand, 107 AD2d 35, 36 , affd 65 NY2d 837 ). | 1 | 2000–2000 |
People v. Koleskor
neutral
1 sentence1992While the prosecutor’s sympathetic portrayal of the victim and several of his other remarks would have been better left unsaid, to some extent they could be considered a fair response to the remarks made by defense counsel during his summation (see, People v Lewis, 140 AD2d 714 ; People v Arce, 42 NY2d 179, 190-191 ) or were inferences which could be properly drawn from the facts in evidence (see, People v Koleskor, 131 AD2d 879 ; People v Bailey, 58 NY2d 272 ). | 1 | 1992–1992 |
People v. Lewis
neutral
1 sentence1992While the prosecutor’s sympathetic portrayal of the victim and several of his other remarks would have been better left unsaid, to some extent they could be considered a fair response to the remarks made by defense counsel during his summation (see, People v Lewis, 140 AD2d 714 ; People v Arce, 42 NY2d 179, 190-191 ) or were inferences which could be properly drawn from the facts in evidence (see, People v Koleskor, 131 AD2d 879 ; People v Bailey, 58 NY2d 272 ). | 1 | 1992–1992 |
People v. Arce
green
1 sentence1992While the prosecutor’s sympathetic portrayal of the victim and several of his other remarks would have been better left unsaid, to some extent they could be considered a fair response to the remarks made by defense counsel during his summation (see, People v Lewis, 140 AD2d 714 ; People v Arce, 42 NY2d 179, 190-191 ) or were inferences which could be properly drawn from the facts in evidence (see, People v Koleskor, 131 AD2d 879 ; People v Bailey, 58 NY2d 272 ). | 1 | 1992–1992 |
People v. Bailey
green
1 sentence1992While the prosecutor’s sympathetic portrayal of the victim and several of his other remarks would have been better left unsaid, to some extent they could be considered a fair response to the remarks made by defense counsel during his summation (see, People v Lewis, 140 AD2d 714 ; People v Arce, 42 NY2d 179, 190-191 ) or were inferences which could be properly drawn from the facts in evidence (see, People v Koleskor, 131 AD2d 879 ; People v Bailey, 58 NY2d 272 ). | 1 | 1992–1992 |
Hernandez v. City of New York
green
1 sentence1990Furthermore, our review of the record, particularly in light of plaintiffs counsel’s summation, leads us to conclude that reversal as a matter of discretion is not warranted (see, Hernandez v City of New York, 156 AD2d 641 ). | 1 | 1990–1990 |
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.