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People v. Cabrera

Appellate Division of the Supreme Court of New York, Second Department
May 30, 2000
272 A.D.2d 623 (N.Y. App. Div. 2000)

Opinion

May 30, 2000

Appeal by the defendant from a judgment of the Supreme Court, Queens County (LaTorella, J.), rendered June 17, 1997, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Before: Friedmann, J.P., Krausman, Luciano and Schmidt, JJ.


Ordered that the judgment is affirmed.

The defendant's challenges to various remarks of the prosecutor during summation are unpreserved for appellate review, since he either failed to object or join in co-counsel's objection, objected only generally, or failed to request further curative instructions or a mistrial when his objections were sustained ( see, CPL 470.0[2]; People v. Heide, 84 N.Y.2d 943, 944; People v. Gray, 86 N.Y.2d 10, 19; People v. Mapp, 245 A.D.2d 307). In any event, while some of the comments made by the prosecutor may have been better left unsaid, the prompt and detailed curative instructions given by the trial court dispelled any possible prejudice caused by those comments ( see, People v. Berg, 59 N.Y.2d 294, 299; People v. Ashwal, 39 N.Y.2d 105, 111; People v. Pryce, 249 A.D.2d 424; People v. Barrett, 240 A.D.2d 587; People v. Diaz, 239 A.D.2d 518).


Summaries of

People v. Cabrera

Appellate Division of the Supreme Court of New York, Second Department
May 30, 2000
272 A.D.2d 623 (N.Y. App. Div. 2000)
Case details for

People v. Cabrera

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. RAFAEL CABRERA…

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

Date published: May 30, 2000

Citations

272 A.D.2d 623 (N.Y. App. Div. 2000)
708 N.Y.S.2d 628

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