Home/New York Court of Appeals/People v. Williams

People v. Williams

390 N.E.2d 299, 46 N.Y.2d 1070, 416 N.Y.S.2d 792, 1979 N.Y. LEXIS 1977
CourtNew York Court of Appeals
DecidedApril 5, 1979
StatusPublished
Cited by96 cases

This text of 390 N.E.2d 299 (People v. Williams) 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. Williams, 390 N.E.2d 299, 46 N.Y.2d 1070, 416 N.Y.S.2d 792, 1979 N.Y. LEXIS 1977 (N.Y. 1979).

Opinion

[1071]*1071OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Though the prosecutor’s summation comment suggesting that the defendant may have engaged in other criminal conduct was prejudicial in nature, the Trial Judge’s lucid curative instructions to the jury, .following which neither any further objection nor any request for a mistrial was made, must be deemed to have corrected the error to the defendant’s satisfaction.

The other prosecutorial summation statements to which defendant has drawn our attention went without objection at all. Consequently, they are not preserved for our review (CPL 470.05, subd 2; People v Utley, 45 NY2d 908). Had the summation excesses assumed due process proportions depriving defendant of his constitutional right to a fair trial and had they been preserved, the harmless error doctrine, on which the Appellate Division relied, would, of course, have been inapplicable (see People v Crimmins, 36 NY2d 230, 237-238; People v Savvides, 1 NY2d 554).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg concur.

Order affirmed in a memorandum.

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

Related

Mercado-Ramos v. Noeth
W.D. New York, 2023
People v. Williams
2017 NY Slip Op 7039 (Appellate Division of the Supreme Court of New York, 2017)
DUELL, JR., DAVID D., PEOPLE v
Appellate Division of the Supreme Court of New York, 2015
People v. Edwards
120 A.D.3d 1435 (Appellate Division of the Supreme Court of New York, 2014)
WOODWORTH, MARK, PEOPLE v
Appellate Division of the Supreme Court of New York, 2013
People v. Smith
94 A.D.3d 1023 (Appellate Division of the Supreme Court of New York, 2012)
People v. Seabrooks
82 A.D.3d 1130 (Appellate Division of the Supreme Court of New York, 2011)
People v. Byrd
80 A.D.3d 774 (Appellate Division of the Supreme Court of New York, 2011)
People v. Smalls
65 A.D.3d 708 (Appellate Division of the Supreme Court of New York, 2009)
People v. Ketteles
62 A.D.3d 902 (Appellate Division of the Supreme Court of New York, 2009)
People v. Booker
53 A.D.3d 697 (Appellate Division of the Supreme Court of New York, 2008)
People v. Rhodes
49 A.D.3d 1022 (Appellate Division of the Supreme Court of New York, 2008)
People v. Lucie
49 A.D.3d 1253 (Appellate Division of the Supreme Court of New York, 2008)
Goldberg v. Tracy
247 F.R.D. 360 (E.D. New York, 2008)
People v. Hamm
42 A.D.3d 550 (Appellate Division of the Supreme Court of New York, 2007)
People v. Thompson
34 A.D.3d 852 (Appellate Division of the Supreme Court of New York, 2006)
Brunson v. Tracy
378 F. Supp. 2d 100 (E.D. New York, 2005)
People v. Heide
644 N.E.2d 1370 (New York Court of Appeals, 1994)
People v. Banks
167 A.D.2d 550 (Appellate Division of the Supreme Court of New York, 1990)
People v. Ortiz
164 A.D.2d 872 (Appellate Division of the Supreme Court of New York, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
390 N.E.2d 299, 46 N.Y.2d 1070, 416 N.Y.S.2d 792, 1979 N.Y. LEXIS 1977, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-williams-ny-1979.