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
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
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