From Casetext: Smarter Legal Research

People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
May 26, 1987
130 A.D.2d 766 (N.Y. App. Div. 1987)

Opinion

May 26, 1987

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


Ordered that the judgment is affirmed.

Upon the exercise of our factual review power we are satisfied that the evidence established the defendant's guilt beyond a reasonable doubt and that the verdict was not against the weight of the evidence (see, CPL 470.15). His claims that the Trial Judge unduly interfered in the proceedings by excessive questioning of witnesses are not preserved for appellate review (see, People v. Charleston, 56 N.Y.2d 886; People v. Dickson, 112 A.D.2d 312). In any event, the questions asked did not prejudice the defendant and were designed to elicit relevant and important facts in order to facilitate the orderly progress of the trial (see, People v. Yut Wai Tom, 53 N.Y.2d 44).

The defendant's next claim is that the prosecutor's summation was inflammatory. Like the claim of judicial interference, the bulk of the prosecutor's alleged errors are not preserved for our review (CPL 470.05; People v. Derhi, 110 A.D.2d 709). In any event, any comments that could have been prejudicial were promptly stricken and curative instructions were given (see, People v. Watson, 121 A.D.2d 487, lv denied 68 N.Y.2d 818).

We have examined the defendant's other contentions and find them to be without merit. Thompson, J.P., Lawrence, Weinstein and Harwood, JJ., concur.


Summaries of

People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
May 26, 1987
130 A.D.2d 766 (N.Y. App. Div. 1987)
Case details for

People v. Johnson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLYDE JOHNSON…

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

Date published: May 26, 1987

Citations

130 A.D.2d 766 (N.Y. App. Div. 1987)

Citing Cases

People v. Troy

We have examined the defendant's other claims, including those raised in his supplemental pro se brief, and…

People v. Parker

The defendant's contention that the Supreme Court unduly interfered in the trial proceedings by engaging in…