14 Cited authorities

  1. People v. Benevento

    91 N.Y.2d 708 (N.Y. 1998)   Cited 4,212 times   2 Legal Analyses
    In People v Benevento, 91 NY2d 708, 713-14 (1998), the New York Court of Appeals held that "meaningful representation" included a prejudice component which focuses on the "fairness of the process as a whole rather than [any] particular impact on the outcome of the case."
  2. People v. Galloway

    54 N.Y.2d 396 (N.Y. 1981)   Cited 1,426 times
    Agreeing that reversal of a conviction "'is properly shunned when the [prosecutorial] misconduct has not substantially prejudiced a defendant's trial'"
  3. People v. Ashwal

    39 N.Y.2d 105 (N.Y. 1976)   Cited 1,144 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."
  4. People v. Wright

    2015 N.Y. Slip Op. 5621 (N.Y. 2015)   Cited 84 times   1 Legal Analyses
    Finding reversible error based on a prosecutor's closing argument that contradicted expert testimony and misrepresented the scientific import of the DNA evidence
  5. People v. Gross

    2016 N.Y. Slip Op. 1204 (N.Y. 2016)   Cited 59 times
    In Gross, the majority of the Court of Appeals concluded that defense counsel may not have objected to the prosecutor's comments on the evidence for tactical reasons.
  6. 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

  7. People v. Fisher

    2012 N.Y. Slip Op. 2416 (N.Y. 2012)   Cited 49 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

  8. People v. Guzman

    76 N.Y.2d 1 (N.Y. 1990)   Cited 67 times   1 Legal Analyses
    Holding that the district court may sufficiently protect against the danger of improper participation by the interpreter by instructing the interpreter and the jurors that the interpreter may not participate in deliberations
  9. People v. Riback

    2009 N.Y. Slip Op. 8856 (N.Y. 2009)   Cited 33 times
    In Riback, the trial judge committed the initial error of allowing expert testimony over objection as to the definition of the word "pedophile" and the "central characteristics" of a "pedophile."
  10. In Matter of Gorghan v. DeAngelis

    7 N.Y.3d 470 (N.Y. 2006)   Cited 23 times

    No. 109. Argued September 5, 2006. Decided October 19, 2006. APPEAL, on constitutional grounds, from a judgment of the Appellate Division of the Supreme Court in the Third Judicial Department, entered January 5, 2006 in a proceeding pursuant to CPLR article 78 (initiated in the Appellate Division pursuant to CPLR 506 [b] [1]). The Appellate Division dismissed the petition seeking to prohibit respondents from trying petitioner in Rensselaer County Court on an indictment charging him with rape in the