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People v. Daniel

Appellate Division of the Supreme Court of New York, First Department
Apr 11, 1995
214 A.D.2d 357 (N.Y. App. Div. 1995)

Opinion

April 11, 1995

Appeal from the Supreme Court, Bronx County (Joseph Mazur, J.).


Defendant's claim that the prosecutor's summation deprived him of a fair trial is not preserved for appellate review as a matter of law, and we decline to review it in the interest of justice. In any event, if we were to review it, we would find that, while the prosecutor vouched for the credibility of the victim on one occasion and in some instances arguably exceeded the bounds of fair comment, upon consideration of the entire record, defendant was not deprived of a fair trial (see, People v Roopchand, 107 A.D.2d 35, affd 65 N.Y.2d 837). Defendant's other claim that the court should not have accepted his plea because his allocution raised a possible defense to the crime charged is also unpreserved for appellate review as a matter of law, defendant not having moved to withdraw the plea or vacate the judgment, and we decline to review it in the interest of justice. In any event, if we were to review it, we would find that defendant's equivocal statement regarding an agreement he had with the victim did not trigger a duty on the part of the court to inquire further, which the court in any event did.

Concur — Sullivan, J.P., Rosenberger, Ellerin, Ross and Williams, JJ.


Summaries of

People v. Daniel

Appellate Division of the Supreme Court of New York, First Department
Apr 11, 1995
214 A.D.2d 357 (N.Y. App. Div. 1995)
Case details for

People v. Daniel

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN DANIEL, Appellant

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

Date published: Apr 11, 1995

Citations

214 A.D.2d 357 (N.Y. App. Div. 1995)
625 N.Y.S.2d 150