People v. Nixon

Appellate Division of the Supreme Court of New York

People v. Nixon

213 A.D.2d 1068, 625 N.Y.S.2d 983, 1995 N.Y. App. Div. LEXIS 3917

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

DecidedMarch 17, 1995

StatusPublished

Cited by3 cases

This text of 213 A.D.2d 1068 (People v. Nixon) 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. Nixon, 213 A.D.2d 1068, 625 N.Y.S.2d 983, 1995 N.Y. App. Div. LEXIS 3917 (N.Y. Ct. App. 1995).

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Opinion

—Judgment unanimously affirmed. Memorandum: Defendant contends that he was denied a fair trial by the prosecutor’s misconduct during [1069]*1069examination of witnesses and summation. The majority of the alleged errors have not been preserved for review (see, CPL 470.05 [2]), and we decline to review them as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]). "Because those errors that were preserved 'were not so egregious or prejudicial as to deprive defendant of a fair trial, reversal is not warranted’ ” (People v Toumbis, 204 AD2d 1026, quoting People v Dawkins, 203 AD2d 957, 958, lv denied 84 NY2d 824). (Appeal from Judgment of Supreme Court, Monroe County, Doyle, J.—Assault, 1st Degree.) Present— Denman, P. J., Green, Fallon, Balio and Boehm, JJ.

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—Judgment unanimously affirmed. Memorandum: Defendant contends that he was denied a fair trial by the prosecutor’s misconduct during [1069]*1069examination of witnesses and summation. The majority of the alleged errors have not been preserved for review (see, CPL 470.05 [2]), and we decline to review them as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]). "Because those errors that were preserved 'were not so egregious or prejudicial as to deprive defendant of a fair trial, reversal is not warranted’ ” (People v Toumbis, 204 AD2d 1026, quoting People v Dawkins, 203 AD2d 957, 958, lv denied 84 NY2d 824). (Appeal from Judgment of Supreme Court, Monroe County, Doyle, J.—Assault, 1st Degree.) Present— Denman, P. J., Green, Fallon, Balio and Boehm, JJ.

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Bluebook (online)

213 A.D.2d 1068, 625 N.Y.S.2d 983, 1995 N.Y. App. Div. LEXIS 3917, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-nixon-nyappdiv-1995.

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