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7 New York opinions name it 1 courts 1994–2023 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.
| Case | Followed | Cited |
|---|---|---|
People v. Kerleygreen1 sentence2018Nearly all of the challenged remarks "constituted fair comment on the evidence or a reasonable response to the defense summation" ( People v Kerley , 154 AD3d 1074, 1076 [2017], lv denied 30 NY3d 1106 [2018]). | 1 | 1 |
People v. Bullockgreen1 sentence2017Similarly, regarding counsel’s failure to make a specific motion to dismiss at the close of the People’s case and again at the close of all the proof, counsel cannot be faulted for failing to make motions that had little or no chance of success (see People v Bullock, 145 AD3d 1104, 1107 [2016]). | 1 | 1 |
People v. Heisermangreen1 sentence2017Almost all of the prosecutor’s statements constituted fair comment on the evidence or a reasonable response to the defense summation, and any remarks that may have been improper “did not rise to the flagrant and pervasive level of misconduct which would deprive defendant of due process or a fair trial” (People v Heiserman, 127 AD3d 1422, 1424 [2015] [internal quotation marks and citation omitted]). | 1 | 1 |
People v. Cornwallgreen1 sentence2008There was no flagrant or pervasive misconduct so as to deprive defendant of due process (see People v Robinson, 16 AD3d 768, 770 [2005], lv denied 4 NY3d 856 [2005]). | 1 | 1 |
People v. Gradygreen1 sentence2007His statements constituted fair comment on the evidence or a reasonable response to the defense summation (see People v Grady, 40 AD3d 1368, 1374-1375 [2007], lv denied 9 NY3d 923 [2007]). | 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. D'Alessandro
green
2 sentences2023The prosecutor's comment about defendant's possession of a blade at the time of the police encounter was a reasonable response to the defense summation, and was in any event not so inflammatory as to warrant reversal ( see People v Overlee , 236 AD2d 133 [1st Dept 1997], lv denied 91 NY2d 976 [1998]; People v D'Alessandro , 184 AD2d 114 [1st Dept 1992], lv denied 81 NY2d 884 [1993]). 2023The prosecutor's comment about defendant's possession of a blade at the time of the police encounter was a reasonable response to the defense summation, and was in any event not so inflammatory as to warrant reversal ( see People v Overlee , 236 AD2d 133 [1st Dept 1997], lv denied 91 NY2d 976 [1998]; People v D'Alessandro , 184 AD2d 114 [1st Dept 1992], lv denied 81 NY2d 884 [1993]). | 2 | 2023–2023 |
People v. Overlee
green
2 sentences2023The prosecutor's comment about defendant's possession of a blade at the time of the police encounter was a reasonable response to the defense summation, and was in any event not so inflammatory as to warrant reversal ( see People v Overlee , 236 AD2d 133 [1st Dept 1997], lv denied 91 NY2d 976 [1998]; People v D'Alessandro , 184 AD2d 114 [1st Dept 1992], lv denied 81 NY2d 884 [1993]). 2023The prosecutor's comment about defendant's possession of a blade at the time of the police encounter was a reasonable response to the defense summation, and was in any event not so inflammatory as to warrant reversal ( see People v Overlee , 236 AD2d 133 [1st Dept 1997], lv denied 91 NY2d 976 [1998]; People v D'Alessandro , 184 AD2d 114 [1st Dept 1992], lv denied 81 NY2d 884 [1993]). | 2 | 2023–2023 |
People v. Jones
green
1 sentence2018Nearly all of the challenged remarks "constituted fair comment on the evidence or a reasonable response to the defense summation" ( People v Kerley , 154 AD3d 1074, 1076 [2017], lv denied 30 NY3d 1106 [2018]). | 1 | 2018–2018 |
People v. Providence
green
1 sentence2008There was no flagrant or pervasive misconduct so as to deprive defendant of due process (see People v Robinson, 16 AD3d 768, 770 [2005], lv denied 4 NY3d 856 [2005]). | 1 | 2008–2008 |
People v. Brown
neutral
1 sentence1994While some of his remarks would have been better left unsaid, for the most part they were a reasonable response to the defense summation or fair comment on the evidence (see, e.g., People v Goodman, 190 AD2d 862 , Iv denied 81 NY2d 971 ; People v Brown, 187 AD2d 723 , Iv denied 81 NY2d 882 ). | 1 | 1994–1994 |
People v. Goodman
green
1 sentence1994While some of his remarks would have been better left unsaid, for the most part they were a reasonable response to the defense summation or fair comment on the evidence (see, e.g., People v Goodman, 190 AD2d 862 , Iv denied 81 NY2d 971 ; People v Brown, 187 AD2d 723 , Iv denied 81 NY2d 882 ). | 1 | 1994–1994 |
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.