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People v. Cole

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 11, 1983
96 A.D.2d 730 (N.Y. App. Div. 1983)

Opinion

July 11, 1983

Appeal from the Supreme Court, Erie County, Marshall, J.

Present — Hancock, Jr., J.P., Doerr, Denman, Green and Moule, JJ.


Judgment unanimously affirmed. Memorandum: Although the comments of the District Attorney were unprofessional and improper, because of the overwhelming proof against the defendant, the isolated nature of the remarks, and the fact that the trial court immediately instructed the jury to disregard them, we do not believe they were so prejudicial as to deprive defendant of a fair trial (see People v Galloway, 54 N.Y.2d 396; People v Crimmins, 36 N.Y.2d 230; People v Patterson, 88 A.D.2d 694; cf. People v Mott, 94 A.D.2d 415).


Summaries of

People v. Cole

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 11, 1983
96 A.D.2d 730 (N.Y. App. Div. 1983)
Case details for

People v. Cole

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GARY COLE, Appellant

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 11, 1983

Citations

96 A.D.2d 730 (N.Y. App. Div. 1983)