People v. Galloway

Citation912 N.E.2d 1077,12 N.Y.3d 915
PartiesPEOPLE v. GALLOWAY.
Decision Date15 June 2009
CourtNew York Court of Appeals

Appeal from 1st Dept.: 61 A.D.3d 520, 876 N.Y.S.2d 406 (NY).

Application for leave to Criminal Appeal Denied. (Lippman, C.J.).

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8 cases
  • People v. Larkins
    • United States
    • New York Supreme Court — Appellate Division
    • May 8, 2015
    ... ... We conclude that the court's Molineux ruling was not an abuse of discretion (see generally People v. Duperroy, 88 A.D.3d 606, 607, 931 N.Y.S.2d 70, lv. denied 18 N.Y.3d 957, 944 N.Y.S.2d 485, 967 N.E.2d 710 ; People v. Galloway, 61 A.D.3d 520, 520521, 876 N.Y.S.2d 406, lv. denied 12 N.Y.3d 915, 884 N.Y.S.2d 696, 912 N.E.2d 1077 ). It is fundamental that evidence of uncharged crimes is not admissible if the sole purpose is to show that the defendant was predisposed to commit the crime charged ... On the other hand, ... ...
  • People v. Lewis
    • United States
    • New York Supreme Court — Appellate Division
    • June 9, 2017
    ... ... In any event, the comments at issue were within " the broad bounds of rhetorical comment permissible " during summations ( People v. Williams, 28 A.D.3d 1059, 1061, 813 N.Y.S.2d 606, affd. 8 N.Y.3d 854, 831 N.Y.S.2d 367, 863 N.E.2d 588, quoting People v. Galloway, 54 N.Y.2d 396, 399, 446 N.Y.S.2d 9, 430 N.E.2d 885 ), and were " either a fair response to defense counsel's summation or fair comment on the evidence " ( People v. Green, 60 A.D.3d 1320, 1322, 875 N.Y.S.2d 390, lv. denied 12 N.Y.3d 915, 884 N.Y.S.2d 696, 912 N.E.2d 1077 ; see People v ... ...
  • People v. Spirles
    • United States
    • New York Supreme Court — Appellate Division
    • February 5, 2016
  • People v. Holmes
    • United States
    • New York Supreme Court — Appellate Division
    • March 22, 2013
    ... ... Dorm, 12 N.Y.3d 16, 19, 874 N.Y.S.2d 866, 903 N.E.2d 263;People v. Duperroy, 88 A.D.3d 606, 607, 931 N.Y.S.2d 70,lv. denied18 N.Y.3d 957, 944 N.Y.S.2d 485, 967 N.E.2d 710;People v. Galloway, 61 A.D.3d 520, 520521, 876 N.Y.S.2d 406,lv. denied12 N.Y.3d 915, 884 N.Y.S.2d 696, 912 N.E.2d 1077). We note in any event that the court's limiting instruction in its jury charge served to alleviate any potential prejudice resulting from the admission of the evidence ( People v. Alke, 90 A.D.3d ... ...
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