· 10/27/2016
Matter of Antoine R.A. v. Theresa M.
Citations
- 2016 NY Slip Op 7093
- 143 A.D.3d 649
- 39 N.Y.S.3d 771
- 2016 N.Y. App. Div. LEXIS 6978
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding the trial court properly sustained defense counsel’s objection to an improper comment by the prosecutor but did not abuse its discretion in denying the related motion for mistrial
- providing that during Richardson hearing, court must inquire as to whether violation (1) was willful or inadvertent; (2) was substantial or trivial; and (3) had a prejudicial effect on aggrieved party’s trial preparation
- \Failure to disclose an oral statement which constitutes a material change to a witness's recorded statement is a discovery violation that triggers a full Richardson hearing.\
- “While the State cannot comment on the defendant’s failure to present evidence, there is no impropriety in observing, in response to arguments made by the defense, that the defense’s theory is not supported by actual evidence.”
- “While the State cannot comment on the defendant’s failure to present evidence, there is no impropriety in observing, in response to arguments made by the defense, that the defense’s theory of the case is not supported by actual evidence.”
- “While the State cannot comment on the defendant’s failure to present evidence, there is no impropriety in observing, in response to arguments made by the defense, that the defense’s theory of this case is not supported by actual evidence.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Friedman, Andrias, Moskowitz, Gische, Gesmer
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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