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People v. Ervin

Appellate Division of the Supreme Court of New York, Second Department
Jul 5, 1988
142 A.D.2d 592 (N.Y. App. Div. 1988)

Opinion

July 5, 1988

Appeal from the Supreme Court, Kings County (Goldstein, J.).


Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (CPL 470.15).

The defendant also objects to certain comments made by the prosecution in summation which he contends denied him the right to a fair trial. However, these claims were either not preserved for appellate review (see, CPL 470.05; People v. Medina, 53 N.Y.2d 951), or defense counsel's objections were sustained and prompt curative instructions were given. Accordingly, there is no basis for a reversal on this ground. Brown, J.P., Lawrence, Weinstein and Balletta, JJ., concur.


Summaries of

People v. Ervin

Appellate Division of the Supreme Court of New York, Second Department
Jul 5, 1988
142 A.D.2d 592 (N.Y. App. Div. 1988)
Case details for

People v. Ervin

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIE ERVIN, Appellant

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

Date published: Jul 5, 1988

Citations

142 A.D.2d 592 (N.Y. App. Div. 1988)

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