PEOPLE v. WHALEY


70 A.D.3d 570 (2010)

895 N.Y.S.2d 78

THE PEOPLE OF THE STATE OF New YORK, Respondent, v. WILLIAM WHALEY, Appellant.

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

Decided February 23, 2010.


The court properly exercised its discretion in denying defendant's mistrial motion based on certain portions of the People's summation, since the court's curative actions were sufficient to prevent the remarks in question from causing any prejudice (see People v Santiago, 52 N.Y.2d 865 [1981]). By failing to object, by failing to make specific objections, or by failing to request further relief after the court sustained objections...

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