AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN STALLWORTH, Appellant.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him following a jury trial of murder in the second degree (Penal Law § 125.25) and criminal possession of a weapon in the second degree (§ 265.03 [2]). Contrary to defendant's contention, the verdict is not against the weight of the evidence ( see generally People v. Bleakley, 69 NY2d 490, 495). Also contrary to the contention of defendant, he was not denied a fair trial based upon comments made by the prosecutor during summation. Supreme Court instructed the jury to disregard the prosecutor's statement that a prosecution witness "will not get any deal" on a pending charge, thereby alleviating any prejudice arising from the prosecutor's improper reference to a matter not in evidence ( see generally People v. Ashwal, 39 NY2d 105, 111; People v. Clark, 195 AD2d 988, 991). The remainder of the prosecutor's summation was a fair response to defense counsel's summation and "did not exceed the bounds of legitimate advocacy" ( People v. Melendez, 11 AD3d 983, 984, lv denied 4 NY3d 888).

Use AI to get other relevant cases.

Comments

PEOPLE v. STALLWORTH
(Sep 30, 2005)