· 3/3/2016
Carol v. Madison Plaza Apartments Corp.
Citations
- 137 A.D.3d 453
- 25 N.Y.S.3d 875
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- vacating the jury’s 50 gram finding because the government only offered an FBI agent’s testimony concerning the range of purity of methamphetamine previously purchased in the area by the FBI
- “[A] mistrial is appropriate only where there has been so much prejudice that an instruction is unlikely to cure it.”
- “A decision to not declare a mistrial will be reversed only if the improper comment, viewed in the context of the entire trial, more likely than not materially affected the verdict.”
- “When the court strikes testimony and gives . . . an instruction [to disregard it], there is a strong presumption that the jury has followed the court’s instruction.” (alterations in original) (internal quotation marks omitted)
- “The Double Jeopardy Clause forbids a second trial ... ”
Source: CourtListener parenthetical corpus (CC0).
Judges: Tom, Saxe, Richter, Kapnick
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.