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People v. Armstrong

Appellate Division of the Supreme Court of New York, Second Department
Jul 21, 1986
122 A.D.2d 218 (N.Y. App. Div. 1986)

Opinion

July 21, 1986

Appeal from the Supreme Court, Queens County (Cohen, J.).


Judgment affirmed.

Despite the minor inconsistencies in the complainant's testimony, the evidence presented was sufficient to support the verdict since a rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt (see, People v Jackson, 114 A.D.2d 858; People v Herriot, 110 A.D.2d 851, 852). No objections were made to any part of the prosecutor's summation, and consequently the claims of prosecutorial misconduct are entirely unpreserved (see, People v Nuccie, 57 N.Y.2d 818, 819; People v George, 108 A.D.2d 870). In any event, the defendant was not substantially prejudiced by any of the prosecutor's comments (see, People v Galloway, 54 N.Y.2d 396, 399; People v Roopchand, 107 A.D.2d 35, 36, affd 65 N.Y.2d 837). His further claim that the complainant's identification testimony was improperly bolstered by the testimony of the People's two police witnesses is similarly unpreserved (see, People v Love, 57 N.Y.2d 1023). In view of the defendant's criminal record, the sentence imposed was not excessive and appellate modification is not warranted (see, People v Suitte, 90 A.D.2d 80). Lazer, J.P., Thompson, Lawrence and Eiber, JJ., concur.


Summaries of

People v. Armstrong

Appellate Division of the Supreme Court of New York, Second Department
Jul 21, 1986
122 A.D.2d 218 (N.Y. App. Div. 1986)
Case details for

People v. Armstrong

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARD ARMSTRONG…

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

Date published: Jul 21, 1986

Citations

122 A.D.2d 218 (N.Y. App. Div. 1986)

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