permissible response defense (New York) · Go Syfert
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permissible response defense in New York

7 New York opinions name it 1 courts 2004–2023 2 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.

Followed or applied (6)

CaseFollowedCited
People v. Morgangreen
ny · 1985 · cited in 2 New York opinions naming this issue, 2023–2023
2 sentences

2023People v Morgan , 66 NY2d 255, 259 [1985]).

2023People v Morgan , 66 NY2d 255, 259 [1985]).

22
People v. Overleegreen
nyappdiv · 1997 · cited in 2 New York opinions naming this issue, 2008–2012
2 sentences

2012Instead, it was a permissible response to the defense summation, which attacked the victim’s credibility (see People v Overlee, 236 AD2d 133, 144 [1997], lv denied 91 NY2d 976 [1998]).

2008The challenged remark was fair comment on the evidence, and was a permissible response to the defense summation (see People v Overlee, 236 AD2d 133 [1997], lv denied 91 NY2d 976 [1998]; People v D'Alessandro, 184 AD2d 114, 118-119 [1992], lv denied 81 NY2d 884 [1993]).

12
People v. D'Alessandrogreen
nyappdiv · 1992 · cited in 1 New York opinions naming this issue, 2008–2008
1 sentence

2008The challenged remark was fair comment on the evidence, and was a permissible response to the defense summation (see People v Overlee, 236 AD2d 133 [1997], lv denied 91 NY2d 976 [1998]; People v D'Alessandro, 184 AD2d 114, 118-119 [1992], lv denied 81 NY2d 884 [1993]).

11
People v. Townsleygreen
nyappdiv · 1997 · cited in 1 New York opinions naming this issue, 2004–2004
1 sentence

2004Likewise, the prosecutor’s statement in summation that the evidence did not contradict the prosecution witnesses’ testimony was a permissible response to the defense theory that the victim and her mother had fabricated the charges and did not, as defendant suggests, shift the burden of proof to defendant (see People v Townsley, 240 AD2d 955, 958-959 [1997], lv denied 90 NY2d 943 [1997]).

11
People v. Saundersgreen
nyappdiv · 1999 · cited in 1 New York opinions naming this issue, 2004–2004
1 sentence

2004Moreover, the prosecutor’s characterization of defense counsel’s arguments as “fiction” and “fantasy” was also an appropriate response to the defense’s trial theory (see People v Saunders, 261 AD2d 718, 720 [1999], lv denied 94 NY2d 829 [1999]; cf. People v Skinner, 298 AD2d 625, 626-627 [2002]).

11
People v. Skinnergreen
nyappdiv · 2002 · cited in 1 New York opinions naming this issue, 2004–2004
1 sentence

2004Moreover, the prosecutor’s characterization of defense counsel’s arguments as “fiction” and “fantasy” was also an appropriate response to the defense’s trial theory (see People v Saunders, 261 AD2d 718, 720 [1999], lv denied 94 NY2d 829 [1999]; cf. People v Skinner, 298 AD2d 625, 626-627 [2002]).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
People v. Colonna neutral
nyappdiv · 1987
1 sentence

2008In any event, the challenged remarks were a permissible response to the defense counsel’s summation (see People v Carter, 36 AD3d 624 [2007]; People v Martinez, 17 AD3d 484 [2005]; People v Duplessis, 16 AD3d 846 [2005]; People v Keller, 238 AD2d 758 [1997]; People v Colonna, 135 AD2d 724 [1987]).

12008–2008
People v. Jones green
nyappdiv · 2005
1 sentence

2008In any event, the challenged remarks were a permissible response to the defense counsel’s summation (see People v Carter, 36 AD3d 624 [2007]; People v Martinez, 17 AD3d 484 [2005]; People v Duplessis, 16 AD3d 846 [2005]; People v Keller, 238 AD2d 758 [1997]; People v Colonna, 135 AD2d 724 [1987]).

12008–2008
People v. Getter green
nyappdiv · 2005
1 sentence

2008In any event, the challenged remarks were a permissible response to the defense counsel’s summation (see People v Carter, 36 AD3d 624 [2007]; People v Martinez, 17 AD3d 484 [2005]; People v Duplessis, 16 AD3d 846 [2005]; People v Keller, 238 AD2d 758 [1997]; People v Colonna, 135 AD2d 724 [1987]).

12008–2008
People v. Carter green
nyappdiv · 2007
1 sentence

2008In any event, the challenged remarks were a permissible response to the defense counsel’s summation (see People v Carter, 36 AD3d 624 [2007]; People v Martinez, 17 AD3d 484 [2005]; People v Duplessis, 16 AD3d 846 [2005]; People v Keller, 238 AD2d 758 [1997]; People v Colonna, 135 AD2d 724 [1987]).

12008–2008
People v. Keller green
nyappdiv · 1997
1 sentence

2008In any event, the challenged remarks were a permissible response to the defense counsel’s summation (see People v Carter, 36 AD3d 624 [2007]; People v Martinez, 17 AD3d 484 [2005]; People v Duplessis, 16 AD3d 846 [2005]; People v Keller, 238 AD2d 758 [1997]; People v Colonna, 135 AD2d 724 [1987]).

12008–2008
People v. Sinanaj green
nyappdiv · 2002
1 sentence

2005In any event, the challenged remarks were either a permissible response to the defense counsel’s summation or fair comment on the evidence adduced at trial (see People v Valdes, 291 AD2d 513 [2002]).

12005–2005

Where else courts name it

NY 7 (2004–2023) NH 4 (2005–2018) ID 4 (2016–2017) TX 3 (2006–2025) MA 3 (1993–2026)

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.

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