2. Civil Practice Law and Rules §4108.
3. New York Rules of Professional Conduct 2006, Rule 4.3 (d)(1).
4. New York Rules of Professional Conduct 2006, Rule 3.3, comment 3.
5. Pattern Jury Instructions 1:37.
6. New York Rules of Professional Conduct 2006, Rule 3.5, comment 4.
7. Caraballo v. City of New York, 86 AD2d 580 (1st Dept., 1982); Nuccio v. Chou, 183 AD2d 511 (1st Dept. 1992).
8. Becker v. Koch, 104 NY 394 (1887), Marzuillo v. Isom, 277 AD2d 362 (2d Dept. 2000).
9. New York Rules of Professional Conduct 2006, Rule 3.4(c).
10. New York Rules of Professional Conduct 2006, Rule 3.5, comment 4.
11. Friedman v. Marcus, 32 AD3d 820 (2d Dept., 2006).
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Steve Lubowitz
If you feel that an improper statement is made during opening statement then state objection nothing else. I am constrained to object sounds like you don't really mean it to the jury.
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Dan Hardick
I had an experiene last year where a very large attorney was screaming at my witnesses, screaming objections at every other question I asked. I was continually asking the court to maintain order in the court room without success. I was worried that his outbursts were so violent that the jury would have been intimidated. I was wrong. The jury was back in 15 minutes with a defendant's verdict.
Also if you feel that there is something in your case which is highly prejudicial why not make a motion in limine prior to jury selection?
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