People v. Balls
Cases that cite this one
299 later published cases cite this decision. The 25 that cite it most often are listed here.
- People v. Adorno (Appellate Division of the Supreme Court of New York 2022)
- Darnell Deberry v. Leonard A. Portuondo (2d Cir. 2005)
- Quartararo v. Fogg (District Court, E.D. New York 1988)
- People v. Battle (Appellate Division of the Supreme Court of New York 2025)
- People v. Varno (Appellate Division of the Supreme Court of New York 2025)
- Lloyd v. Morton (2d Cir. 2024)
- People v. Abdul-Mateen (Appellate Division of the Supreme Court of New York 2015)
- ALLEN, KEVIN L., PEOPLE v (Appellate Division of the Supreme Court of New York 2012)
- People v. Allen (Appellate Division of the Supreme Court of New York 2012)
- People v. Dandridge (Appellate Division of the Supreme Court of New York 2007)
- People v. Brown (Appellate Division of the Supreme Court of New York 1997)
- People v. Tufino (Appellate Division of the Supreme Court of New York 1990)
- People v. Basnight (Appellate Division of the Supreme Court of New York 2026)
- People v. Williams (Appellate Division of the Supreme Court of New York 2026)
- People v. Johnson (Appellate Division of the Supreme Court of New York 2025)
- People v. Escalona (Appellate Division of the Supreme Court of New York 2025)
- People v. Alba (Appellate Division of the Supreme Court of New York 2024)
- People v. White (Appellate Division of the Supreme Court of New York 2024)
- People v. Miller (Appellate Division of the Supreme Court of New York 2024)
- People v. Hobson (Appellate Division of the Supreme Court of New York 2023)
- People v. Alvardo (Appellate Division of the Supreme Court of New York 2022)
- People v. Avery (Appellate Division of the Supreme Court of New York 2022)
- People v. Bradshaw (Appellate Division of the Supreme Court of New York 2022)
- People v. Ogilvie (Appellate Division of the Supreme Court of New York 2021)
- People v. Camara (Seydina) (Appellate Terms of the Supreme Court of New York 2020)
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
Memorandum.
The order of the Appellate Division should be affirmed.
The defendant has been convicted of criminally negligent homicide for causing the death of his seven-week-old daughter. On this appeal he contends that the prosecutor made prejudicial remarks during his summation. Specifically, the defendant urges the prosecutor improperly commented on the defendant’s silence prior to his arrest, improperly bolstered the credibility of his expert by introducing evidence that the defendant’s attorney had also retained the expert in other cases, vouched for the credibility of another prosecution witness and misrepresented the testimony of another expert by claiming that he determined the child’s death was a homicide. At the trial, however, the defendant made only one general objection during the summation and after the summation stated: "mr. gray: At this time I am moving respectfully for a mistrial on the conduct of the prosecutor throughout the summation, on constantly referring to speculative facts not in evidence from this witness chair, the raising of his voice and the screaming, as he has just done. The entire summation was so prejudicial and so speculative, not based on fact, that a mistrial should be granted.” Although the Appellate Division concluded that this mistrial motion preserved the issues he raises on the appeal, the unelaborated general objection to "speculative facts” did not alert the court to any of the comments now in issue and therefore was not sufficient to preserve the alleged prejudicial statements for appellate review (cf. People v Nuccie, 57 NY2d 818).
Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr., concur.
Order affirmed in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.