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People v. Hunter

Appellate Division of the Supreme Court of New York, Second Department
Oct 18, 1999
265 A.D.2d 503 (N.Y. App. Div. 1999)

Opinion

Submitted September 10, 1999

October 18, 1999

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Demarest, J.).


ORDERED that the judgment is affirmed.

The hearing court did not err in denying that branch of the defendant's omnibus motion which was to suppress a written statement made by him to the police, since the credible evidence established that it was given after he knowingly and intelligently waived his Miranda rights (see, People v. Padilla, 133 A.D.2d 353, 354; People v. Croney, 121 A.D.2d 558, 559).

The denial of the defendant's request for a mistrial after the People's opening statement was not an improvident exercise of discretion (see, People v. Young, 48 N.Y.2d 995). Whether to grant a request for a mistrial rests within the sound discretion of the trial court (see, People v. Ortiz, 54 N.Y.2d 288), which is in the best position to determine if it is necessary to protect the defendant's right to a fair trial (see, People v. Cooper, 173 A.D.2d 551, 552). Here, the court's limiting instruction alleviated any prejudice that may have resulted from the prosecutor's improper comment (see, People v. Young, supra).

SANTUCCI, J.P., JOY, FRIEDMANN, and GOLDSTEIN, JJ., concur.


Summaries of

People v. Hunter

Appellate Division of the Supreme Court of New York, Second Department
Oct 18, 1999
265 A.D.2d 503 (N.Y. App. Div. 1999)
Case details for

People v. Hunter

Case Details

Full title:THE PEOPLE, etc., respondent, v. DANTE HUNTER, appellant. (Ind. No. 690/95)

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 18, 1999

Citations

265 A.D.2d 503 (N.Y. App. Div. 1999)
696 N.Y.S.2d 864

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