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People v. Hudson

Appellate Division of the Supreme Court of New York, Second Department
Oct 3, 1988
143 A.D.2d 682 (N.Y. App. Div. 1988)

Opinion

October 3, 1988

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


Ordered that the judgment is affirmed.

At trial, the prosecutor placed the defendant in the position of having to accuse the police witnesses of perjury in order to maintain his innocence. This tactic, while improper (see, e.g., People v Santiago, 78 A.D.2d 666; People v Perez, 69 A.D.2d 891), drew no objection from defense counsel and is thus beyond the scope of review as a matter of law (see, CPL 470.05). Similarly, defense counsel's unelaborated objection to certain remarks made by the prosecutor during his summation was insufficient to preserve any question of law for appellate review (see, People v Balls, 69 N.Y.2d 641; People v Nuccio, 57 N.Y.2d 818). Even if the defendant's allegations of prosecutorial misconduct had been properly preserved for review, we would find reversal to be unwarranted (see, People v Roopchand, 65 N.Y.2d 837). The defendant's contention regarding the trial court's charge is likewise unpreserved. The defendant's trial was fundamentally fair and his guilt was proven beyond any doubt. Reversal of the judgment under review in the interest of justice is not warranted. Bracken, J.P., Lawrence, Kunzeman and Spatt, JJ., concur.


Summaries of

People v. Hudson

Appellate Division of the Supreme Court of New York, Second Department
Oct 3, 1988
143 A.D.2d 682 (N.Y. App. Div. 1988)
Case details for

People v. Hudson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GEORGE HUDSON…

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

Date published: Oct 3, 1988

Citations

143 A.D.2d 682 (N.Y. App. Div. 1988)

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