People v. Michael

Appellate Division of the Supreme Court of New York

People v. Michael

115 A.D.2d 266, 496 N.Y.S.2d 704, 1985 N.Y. App. Div. LEXIS 54524

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

DecidedNovember 15, 1985

StatusPublished

This text of 115 A.D.2d 266 (People v. Michael) 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. Michael, 115 A.D.2d 266, 496 N.Y.S.2d 704, 1985 N.Y. App. Div. LEXIS 54524 (N.Y. Ct. App. 1985).

Pincite

Opinion

Judgment unanimously affirmed. Memorandum: The court properly exercised its discretion in denying defendant’s mistrial motions (CPL 280.10). We do not find that the passing allusions to driving while intoxicated as a felony were so prejudicial as to deprive defendant of a fair trial. The court found that the attorney’s comment during voir dire was inadvertent. The police officer’s reference to making out the felony complaint was a volunteered response during redirect examination and not one elicited by the prosecutor’s question. There is sufficient evidence in the record to support all of the convictions. We find no basis for reversal or modification of the sentence. (Appeal from judgment of Onondaga County Court, Burke, J.—driving while intoxicated.) Present—Hancock, Jr., J. P., Callahan, Denman, Boomer and Green, JJ.

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Judgment unanimously affirmed. Memorandum: The court properly exercised its discretion in denying defendant’s mistrial motions (CPL 280.10). We do not find that the passing allusions to driving while intoxicated as a felony were so prejudicial as to deprive defendant of a fair trial. The court found that the attorney’s comment during voir dire was inadvertent. The police officer’s reference to making out the felony complaint was a volunteered response during redirect examination and not one elicited by the prosecutor’s question. There is sufficient evidence in the record to support all of the convictions. We find no basis for reversal or modification of the sentence. (Appeal from judgment of Onondaga County Court, Burke, J.—driving while intoxicated.) Present—Hancock, Jr., J. P., Callahan, Denman, Boomer and Green, JJ.

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Bluebook (online)

115 A.D.2d 266, 496 N.Y.S.2d 704, 1985 N.Y. App. Div. LEXIS 54524, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-michael-nyappdiv-1985.