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People v. Aversa

Appellate Division of the Supreme Court of New York, Second Department
Dec 4, 1989
156 A.D.2d 371 (N.Y. App. Div. 1989)

Opinion

December 4, 1989

Appeal from the County Court, Nassau County (Goodman, J.).


Ordered that the judgment is affirmed.

The defendant contends that she was denied a fair trial by prejudicial comments made by the prosecutor during summation. We disagree. While it would have been better if certain of the prosecutor's comments were left unsaid, any prejudice that may have resulted was effectively dispelled by the Trial Judge's prompt curative instructions and final instructions to the jury (see, People v Vredenburg, 110 A.D.2d 730; People v Roopchand, 107 A.D.2d 35, affd 65 N.Y.2d 837).

The defendant further contends that she was denied the effective assistance of counsel. However, as the defendant concedes, this claim rests on matters dehors the record. Thus, the issue of ineffective assistance of counsel is not properly before this court (see, People v Drummond, 104 A.D.2d 825).

Finally there is no merit to the defendant's contention that the County Court of Nassau County improperly asserted jurisdiction over the case. The overt criminal acts of the defendant's coconspirators which were performed in Nassau County brought the defendant within the jurisdiction of the County Court of Nassau County (see, People v Botta, 100 A.D.2d 311; People v Fusco, 75 Misc.2d 981). Brown, J.P., Lawrence, Kooper and Balletta, JJ., concur.


Summaries of

People v. Aversa

Appellate Division of the Supreme Court of New York, Second Department
Dec 4, 1989
156 A.D.2d 371 (N.Y. App. Div. 1989)
Case details for

People v. Aversa

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ARLENE AVERSA…

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

Date published: Dec 4, 1989

Citations

156 A.D.2d 371 (N.Y. App. Div. 1989)
548 N.Y.S.2d 327

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