From Casetext: Smarter Legal Research

People v. Meyers

Appellate Division of the Supreme Court of New York, First Department
Oct 5, 2004
11 A.D.3d 221 (N.Y. App. Div. 2004)

Opinion

4195

October 5, 2004.

Judgment, Supreme Court, New York County (Joan C. Sudolnik, J.) rendered September 11, 2000, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 5 to 10 years, unanimously affirmed.

Before: Tom, J.P., Williams, Friedman, Marlow and Sweeny, JJ.


The court properly exercised its discretion in denying defendant's mistrial motion based upon the prosecutor's summation. Although the prosecutor's suggestions to the jury to not allow defendant to "get away" with the crime, and to convict him in the "interest of justice" were inappropriately phrased, they did not deprive defendant of a fair trial, and there was no pattern of egregious remarks warranting reversal ( see People v. D'Alessandro, 184 AD2d 114, 118-119, lv denied 81 NY2d 884).

We have considered and rejected defendant's remaining claims, including those contained in his pro se supplemental brief.


Summaries of

People v. Meyers

Appellate Division of the Supreme Court of New York, First Department
Oct 5, 2004
11 A.D.3d 221 (N.Y. App. Div. 2004)
Case details for

People v. Meyers

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JESSE MEYERS, Appellant

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

Date published: Oct 5, 2004

Citations

11 A.D.3d 221 (N.Y. App. Div. 2004)
784 N.Y.S.2d 477

Citing Cases

People v. Govan

Defendant’s remaining challenges are unpreserved, as he did not object, made only general objections, or did…

People v. Govan

As an alternative holding, we find that the prosecutor's remark that the jury should not "let the defendant…