People v. Parker-Davidson
Cases that cite this one
17 later published cases cite this decision.
- People v. Robinson (Appellate Division of the Supreme Court of New York 2018)
- People v. Manigat (Appellate Division of the Supreme Court of New York 2016)
- People v. Taylor (Appellate Division of the Supreme Court of New York 2015)
- People v. Rhodes (Appellate Division of the Supreme Court of New York 2014)
- People v. Rhodes (Appellate Division of the Supreme Court of New York 2014)
- People v. Desir (Appellate Division of the Supreme Court of New York 2013)
- People v. Desir (Appellate Division of the Supreme Court of New York 2013)
- People v. Sheehan (Appellate Division of the Supreme Court of New York 2013)
- People v. Sheehan (Appellate Division of the Supreme Court of New York 2013)
- People v. Rios (Appellate Division of the Supreme Court of New York 2013)
- People v. Rios (Appellate Division of the Supreme Court of New York 2013)
- People v. Barton (Appellate Division of the Supreme Court of New York 2013)
- People v. Barton (Appellate Division of the Supreme Court of New York 2013)
- People v. Hanson (Appellate Division of the Supreme Court of New York 2012)
- People v. Hanson (Appellate Division of the Supreme Court of New York 2012)
- People v. Caba (Appellate Division of the Supreme Court of New York 2012)
- People v. Caba (Appellate Division of the Supreme Court of New York 2012)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The defendant’s contention that he was deprived of a fair trial because the prosecutor made improper remarks during his summation is unpreserved for appellate review, as the defendant either did not object to the remarks at issue or made only general objections, or his objections were sustained without any further request for curative instructions and he failed to move for a mistrial (see CPL 470.05 [2]; People v Heide, 84 NY2d 943, 944 [1994]; People v Osorio, 49 AD3d 562 [2008]; People v Muniz, 44 AD3d 1074 [2007]). In any event, the challenged remarks and conduct either were responsive to arguments made by defense counsel, constituted fair comment on the evidence, or otherwise did not deprive the defendant of a fair trial (see People v Hudson, 54 AD3d 774 [2008]; People v Olivo, 23 AD3d 584 [2005]).
There is no merit to the defendant’s contention that he was deprived of the effective assistance of counsel based solely on his attorney’s failure to object to the alleged prosecutorial misconduct (see People v Dunn, 54 AD3d 871 [2008], citing People v Benevento, 91 NY2d 708, 712 [1998]). Florio, J.P, Hall, Austin and Cohen, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.