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· 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 CourtListener

Sourced 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.