People v. Ferguson

New York Court of Appeals

People v. Ferguson

626 N.E.2d 930, 82 N.Y.2d 837, 606 N.Y.S.2d 145, 1993 N.Y. LEXIS 4296

CourtNew York Court of Appeals

DecidedNovember 23, 1993

StatusPublished

Cited by16 cases

This text of 626 N.E.2d 930 (People v. Ferguson) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Ferguson, 626 N.E.2d 930, 82 N.Y.2d 837, 606 N.Y.S.2d 145, 1993 N.Y. LEXIS 4296 (N.Y. 1993).

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Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Where no formal demonstration of the defendant’s "handedness” had been presented during trial, the prosecutor’s remark to the jury during summation — "[y]ou have been here through the course of the trial and [have] seen [defendant] sitting there. Defendant takes notes with his left hand”— constituted an improper reference to facts not in evidence (see, People v Paperno, 54 NY2d 294, 300-301). Nonetheless, the court’s curative instruction, which directed the jurors to disregard the note-taking comment and clearly indicated that no evidence had been presented concerning whether defendant was left or right handed, was sufficient to ameliorate any prejudice and to ensure that defendant received a fair trial (People v Barnes, 80 NY2d 867, 868; see also, People v Ashwal, 39 NY2d 105, 111).

Chief Judge Kaye and Judges Simons, Titone, Hancock, Jr., Bellacosa, Smith and Levine concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed in a memorandum.

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OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Where no formal demonstration of the defendant’s "handedness” had been presented during trial, the prosecutor’s remark to the jury during summation — "[y]ou have been here through the course of the trial and [have] seen [defendant] sitting there. Defendant takes notes with his left hand”— constituted an improper reference to facts not in evidence (see, People v Paperno, 54 NY2d 294, 300-301). Nonetheless, the court’s curative instruction, which directed the jurors to disregard the note-taking comment and clearly indicated that no evidence had been presented concerning whether defendant was left or right handed, was sufficient to ameliorate any prejudice and to ensure that defendant received a fair trial (People v Barnes, 80 NY2d 867, 868; see also, People v Ashwal, 39 NY2d 105, 111).

Chief Judge Kaye and Judges Simons, Titone, Hancock, Jr., Bellacosa, Smith and Levine concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed in a memorandum.

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Bluebook (online)

626 N.E.2d 930, 82 N.Y.2d 837, 606 N.Y.S.2d 145, 1993 N.Y. LEXIS 4296, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ferguson-ny-1993.

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