PEOPLE v. SANDY


115 A.D.2d 27 (1986)

The People of the State of New York, Respondent, v. Mark Sandy, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 6, 1986


Attorney(s) appearing for the Case

Sheila A. Murphy of counsel (Paula P. Smith and Philip L. Weinstein with her on the brief; William E. Hellerstein, attorney), for appellant.

Elisa F. Spatola of counsel (Mark L. Freyberg with her on the brief; Mario Merola, District Attorney, attorney), for respondent.

MURPHY, P. J., MILONAS, ROSENBERGER and ELLERIN, JJ., concur.


CARRO, J.

Reversal may well be an ill-suited remedy for prosecutorial misconduct when the cumulative effect of that conduct has not impinged detrimentally on a defendant's due process right to a fair trial or when the Trial Judge has nullified the prejudicial impact of that misconduct with prompt, curative instructions to the jury and forceful admonitions directed at the prosecutor. (See, People v Galloway...

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