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People v. Cole

96 A.D.2d 730, 465 N.Y.S.2d 85, 1983 N.Y. App. Div. LEXIS 19310
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJuly 11, 1983
StatusPublished

This text of 96 A.D.2d 730 (People v. Cole) 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. Cole, 96 A.D.2d 730, 465 N.Y.S.2d 85, 1983 N.Y. App. Div. LEXIS 19310 (N.Y. Ct. App. 1983).

Opinion

— Judgment unanimously affirmed. Memorandum: Although the comments of the District Attorney were unprofessional and improper, because of the overwhelming proof against the defendant, the isolated nature of the remarks, and the fact that the trial court immediately instructed the jury to disregard them, we do not believe they were so prejudicial as to deprive defendant of- a fair trial (see People v Galloway, 54 NY2d 396; People v Crimmins, 36 NY2d 230; People v Patterson, 88 AD2d 694; cf. People v Mott, 94 AD2d 415). (Appeal from judgment of Supreme Court, Erie County, Marshall, J. — burglary, third degree, and another charge.) Present — Hancock, Jr., J. P., Doerr, Denman, Green and Moule,- JJ.

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Related

People v. Crimmins
326 N.E.2d 787 (New York Court of Appeals, 1975)
People v. Galloway
430 N.E.2d 885 (New York Court of Appeals, 1981)
People v. Patterson
88 A.D.2d 694 (Appellate Division of the Supreme Court of New York, 1982)
People v. Mott
94 A.D.2d 415 (Appellate Division of the Supreme Court of New York, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
96 A.D.2d 730, 465 N.Y.S.2d 85, 1983 N.Y. App. Div. LEXIS 19310, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cole-nyappdiv-1983.