People v. Fernandez

Appellate Division of the Supreme Court of New York

People v. Fernandez

82 A.D.2d 726, 440 N.Y.S.2d 585, 1981 N.Y. App. Div. LEXIS 14342

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 2, 1981

StatusPublished

This text of 82 A.D.2d 726 (People v. Fernandez) 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. Fernandez, 82 A.D.2d 726, 440 N.Y.S.2d 585, 1981 N.Y. App. Div. LEXIS 14342 (N.Y. Ct. App. 1981).

Pincite

Opinion

— Judgment, Supreme Court, New York County (Leonforte, J.), rendered on September 29, 1977, unanimously affirmed. Concur — Murphy, P. J., Kupferman, Sullivan and Markewich, JJ.

Carro, J., concurs in a memorandum as follows: No objection was taken at trial to the prosecutor’s misconduct on summation, nor was such misconduct sufficient to deprive the defendant of a fair trial, so as to prompt this court to exercise its discretionary power of review. However, the prosecutor did on several occasions too closely skirt the line between fair and improper comment. He exceeded the bounds of legitimate advocacy by stating that defendant was a liar and by outrageously and unjustifiably denigrating the defendant’s medical expert witness. Although the cumulative effect in this case of the prosecutor’s errors may not warrant reversal, nonetheless they should not go unremarked upon.

Free access — add to your briefcase to read the full text and ask questions with AI

— Judgment, Supreme Court, New York County (Leonforte, J.), rendered on September 29, 1977, unanimously affirmed. Concur — Murphy, P. J., Kupferman, Sullivan and Markewich, JJ.

Carro, J., concurs in a memorandum as follows: No objection was taken at trial to the prosecutor’s misconduct on summation, nor was such misconduct sufficient to deprive the defendant of a fair trial, so as to prompt this court to exercise its discretionary power of review. However, the prosecutor did on several occasions too closely skirt the line between fair and improper comment. He exceeded the bounds of legitimate advocacy by stating that defendant was a liar and by outrageously and unjustifiably denigrating the defendant’s medical expert witness. Although the cumulative effect in this case of the prosecutor’s errors may not warrant reversal, nonetheless they should not go unremarked upon.

Cite This Page — Counsel Stack

Bluebook (online)

82 A.D.2d 726, 440 N.Y.S.2d 585, 1981 N.Y. App. Div. LEXIS 14342, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fernandez-nyappdiv-1981.