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People v. Mapp

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1997
245 A.D.2d 307 (N.Y. App. Div. 1997)

Opinion

December 1, 1997

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


Ordered that the judgment is affirmed.

The hearing court properly denied that branch of the defendant's omnibus motion which was to suppress physical evidence as probable cause for the defendant's arrest was sufficiently established ( see, Spinelli v. United States, 393 U.S. 410; Aguilar v. Texas, 378 U.S. 108; People v. Parris, 83 N.Y.2d 342, 349).

The defendant has failed to preserve for appellate review the majority of his present challenges to remarks made by the prosecutor during his summation inasmuch as he either failed to object or voiced only general objections to the comments (see, CPL 470.05; People v. Dien, 77 N.Y.2d 885; People v. Utley, 45 N.Y.2d 908, 910). To the limited extent that his contention regarding one remark has been preserved for appellate review, the court's curative instruction effectively dissipated any prejudice ( see, People v. Walker, 185 A.D.2d 867).

The defendant's remaining contentions are unpreserved for appellate review, without merit, or do not warrant reversal.

Thompson, J. P., Pizzuto, Joy and Florio, JJ., concur.


Summaries of

People v. Mapp

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1997
245 A.D.2d 307 (N.Y. App. Div. 1997)
Case details for

People v. Mapp

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HOWARD MAPP, Appellant

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

Date published: Dec 1, 1997

Citations

245 A.D.2d 307 (N.Y. App. Div. 1997)
667 N.Y.S.2d 265

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