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· 3/17/2022

Matter of Evangelina C. v. Maksim K.

Citations

  • 203 A.D.3d 536
  • 165 N.Y.S.3d 48
  • 2022 NY Slip Op 01872

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding that defendant's substantial rights were not affected where the trial court twice instructed the jury that the attorneys' opening and closing statements were not evidence
  • noting that the evidence is “material if, considering the entire record, it creates a reasonable doubt as to the defendant’s guilt that would not otherwise exist” [internal citation omitted]
  • not improper to label defense argument “insult” where “remark was designed to demonstrate the lack of evidence to support the self-defense claim”
  • evidentiary rulings “are matters entrusted to the trial judge’s broad discretion and are not disturbed absent palpable error”
  • evidentiary rulings are “entrusted to the trial judge’s broad discretion and are not disturbed absent palpable error”
  • defendant’s statement showing state of mind admissible notwithstanding that “in other circumstances [it] could tend to prove guilt by evidence of bad character”

Source: CourtListener parenthetical corpus (CC0).

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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.