12 Cited authorities

  1. State v. Danielson

    2007 N.Y. Slip Op. 9814 (N.Y. 2007)   Cited 7,321 times   1 Legal Analyses
    Holding a "legally sufficient verdict can be against the weight of the evidence"
  2. People v. Ashwal

    39 N.Y.2d 105 (N.Y. 1976)   Cited 1,110 times   2 Legal Analyses
    In Ashwal, the New York Court of Appeals cited Berger v. United States, 295 U.S. 78, 55 S. Ct. 629 (1935), to support the proposition that "[a]bove all [the prosecutor] should not seek to lead the jury away from the issues by drawing irrelevant and inflammatory conclusions which have a decided tendency to prejudice the jury against the defendant."
  3. People v. Williams

    84 N.Y.2d 925 (N.Y. 1994)   Cited 265 times

    Argued October 26, 1994 Decided November 29, 1994 Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Lee Clary, J. James T. King, District Attorney of Jefferson County, Watertown (Cindy F. Intschert of counsel), for appellant. Michael F. Young, Lowville, and James R. McGraw, Syracuse, for respondent. MEMORANDUM. The order of the Appellate Division should be reversed, and the case remitted to that court for consideration of the facts (see, CPL 470.25 [d]; 470

  4. People C. v. Calabria

    94 N.Y.2d 519 (N.Y. 2000)   Cited 93 times

    Argued February 16, 2000 Decided April 6, 2000. Gary A. Farrell, for appellant. Charles J. Hynes, for respondent. SMITH, J. The dispositive issue in this case is whether the prosecutor's conduct throughout the trial effectively denied defendant the right to a fair trial. We conclude that it did, reverse the order of the Appellate Division and order a new trial. Complainant, Diane Chappelle, is the wife of the pastor of the International Baptist Church in Brooklyn, New York and a teacher at the International

  5. People v. Fisher

    2012 N.Y. Slip Op. 2416 (N.Y. 2012)   Cited 50 times

    2012-04-3 The PEOPLE of the State of New York, Respondent, v. Aaron Richard FISHER, Appellant. Timothy P. Donaher, Public Defender, Rochester (Janet C. Somes of counsel), for appellant. Michael C. Green, District Attorney, Rochester (Kelly C. Wolford of counsel), for respondent. Timothy P. Donaher, Public Defender, Rochester (Janet C. Somes of counsel), for appellant. Michael C. Green, District Attorney, Rochester (Kelly C. Wolford of counsel), for respondent. OPINION OF THE COURT MEMORANDUM. The

  6. People v. Norman

    85 N.Y.2d 609 (N.Y. 1995)   Cited 84 times
    Concluding that under New York C.P.L. § 470.05, review of a claim that an essential element of the crime had not been proved was unpreserved because it was not raised in defendant's motion to dismiss
  7. People v. Alicea

    338 N.E.2d 625 (N.Y. 1975)   Cited 68 times   1 Legal Analyses
    In People v. Alicea (37 N.Y.2d 601, 605), the criteria for a fair trial is expressed in the following language: "Criminal trials are to be so conducted that the proof will be legal evidence, unimpaired by intemperate conduct, impertinent counsel and irrelevant asides, all of which obfuscate the development of factual issues and sidetrack the jury from its basic mission of determining the facts relevant to guilt or innocence. Although every trial may not be impeccably conducted and free of some error, we will not tolerate trials where unadulterated unfairness and deceit have become the rule.
  8. People v. Abraham

    94 A.D.3d 1332 (N.Y. App. Div. 2012)   Cited 7 times

    2012-04-26 The PEOPLE of the State of New York, Respondent, v. Akiva Daniel ABRAHAM, Appellant. Jonathan S. Fishbein, Delmar, for appellant. P. David Soares, District Attorney, Albany (Steven M. Sharp of counsel), for respondent. Jonathan S. Fishbein, Delmar, for appellant. P. David Soares, District Attorney, Albany (Steven M. Sharp of counsel), for respondent. Before: MERCURE, J.P., LAHTINEN, SPAIN, McCARTHY and GARRY, JJ. MERCURE, J.P. Appeal from a judgment of the Supreme Court (Lamont, J.), rendered

  9. People v. Chase

    299 A.D.2d 597 (N.Y. App. Div. 2002)   Cited 7 times

    79820 November 7, 2002. Appeals (1) from a judgment of the County Court of Washington County (Hemmett Jr., J.), rendered December 21, 1995, upon a verdict convicting defendant of the crimes of insurance fraud in the second degree (two counts) and arson in the third degree, and (2) from an order of said court, entered January 16, 1996, which directed defendant to pay restitution to Sterling Insurance Company. Del Atwell, Montauk, for appellant. Robert M. Winn, District Attorney, Fort Edward (Kevin

  10. People v. Chase

    8 Misc. 3d 1016 (N.Y. Cnty. Ct. 2005)   Cited 2 times

    May 19, 2005. Hall, J. Crimes — Verdict — Newly Discovered Evidence.