People v. McManus
Cases that cite this one
3 later published cases cite this decision.
- People v. Newbeck (Appellate Division of the Supreme Court of New York 2018)
- People v. Ulett (Appellate Division of the Supreme Court of New York 2017)
- People v. Johnson (Appellate Division of the Supreme Court of New York 2019)
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
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Riviezzo, J.), rendered June 20, 2013, convicting him of criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620, 621 [1983]), we find that it was legally sufficient to establish the defendant’s guilt *983 beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342, 348 [2007]).
The defendant’s contentions regarding alleged prosecutorial misconduct during summation are largely unpreserved for appellate review (see CPL 470.05 [2]; People v Dien, 77 NY2d 885, 886 [1991]; People v Nuccie, 57 NY2d 818, 819 [1982]). In any event, to the extent that some remarks may have been improper, they “were not so flagrant or pervasive as to deprive the defendant of a fair trial” (People v Ward, 106 AD3d 842, 843 [2013]; see People v Thompson, 125 AD3d 899, 900 [2015]; People v Philbert, 60 AD3d 698, 699 [2009]; People v Almonte, 23 AD3d 392, 394 [2005]).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.