PEOPLE v. TRACY


279 A.D.2d 406 (2001)

719 N.Y.S.2d 571

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAMIEN TRACY, Appellant.

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

Decided January 25, 2001.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. We see no reason to disturb the jury's determinations concerning credibility.

The court properly exercised its discretion in denying defendant's mistrial motion made after the prosecutor, in objecting to loud statements by defendant, remarked that defendant should take the stand instead of speaking from the defense table. The prosecutor made no effort to invite the...

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