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People v. Barnett

206 A.D.2d 862, 615 N.Y.S.2d 207, 1994 N.Y. App. Div. LEXIS 7773
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJuly 15, 1994
StatusPublished

This text of 206 A.D.2d 862 (People v. Barnett) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Barnett, 206 A.D.2d 862, 615 N.Y.S.2d 207, 1994 N.Y. App. Div. LEXIS 7773 (N.Y. Ct. App. 1994).

Opinion

Judgment unanimously affirmed. Memorandum: The misconduct of the prosecutor was not so egregious that it deprived defendant of a fair trial (see, People v Galloway, 54 NY2d 396, 401; People v Mott, 94 AD2d 415, 418-419). Defendant’s argument that the trial court improperly instructed the jury with respect to the submission of the murder counts is not preserved for review (see, CPL 470.05 [2]; People v White, 191 AD2d 604, 605, lv denied 81 NY2d 1082), and we decline to review the issue as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]). We reject the contention that defendant was denied effective assistance of counsel (see, People v Garcia, 75 NY2d 973, 974; People v Rivera, 71 NY2d 705, 709). (Appeal from Judgment of Monroe County Court, Connell, J.—Murder, 2nd Degree.) Present—Green, J. P., Balio, Fallon, Callahan and Davis, JJ.

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Related

People v. Galloway
430 N.E.2d 885 (New York Court of Appeals, 1981)
People v. Rivera
525 N.E.2d 698 (New York Court of Appeals, 1988)
People v. Garcia
555 N.E.2d 902 (New York Court of Appeals, 1990)
People v. Mott
94 A.D.2d 415 (Appellate Division of the Supreme Court of New York, 1983)
People v. White
191 A.D.2d 604 (Appellate Division of the Supreme Court of New York, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
206 A.D.2d 862, 615 N.Y.S.2d 207, 1994 N.Y. App. Div. LEXIS 7773, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-barnett-nyappdiv-1994.