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People v. Ramirez

Appellate Division of the Supreme Court of New York, Second Department
Mar 8, 1999
259 A.D.2d 567 (N.Y. App. Div. 1999)

Opinion

March 8, 1999

Appeal from the Supreme Court, Queens County (Kohm, J.).


Ordered that the judgment is affirmed.

The trial court properly denied the defendant's request to reopen the suppression hearing when the People failed to deliver, until trial, the second page of the arresting officer's daily activity report, since it did not constitute Rosario material. The officer's direct testimony concerned the details of the so-called "buy-and-bust" operation which culminated in the defendant's arrest, and not the information contained in his daily activity report, which included the time he began his next assignment. Therefore, it did not "merit characterization as Rosario material" (People v. Boswell, 193 A.D.2d 690; see also, People v. Banch, 80 N.Y.2d 610; People v. Ranghelle, 69 N.Y.2d 56; People v. Rosario, 9 N.Y.2d 286; People v. Barclift, 228 A.D.2d 194, 195).

The defendant's contention that certain remarks by the prosecutor during summation constitute reversible error is unpreserved for appellate review (see, CPL 470.05; People v. Rosario, 195 A.D.2d 577). In any event, the comments made by the prosecutor during summation were either fair comment on the evidence, responsive to the defendant's summation (see, People v. Galloway, 54 N.Y.2d 396; People v. Baker, 251 A.D.2d 592; People v. Harris, 209 A.D.2d 432; People v. Gibbs, 166 A.D.2d 454; People v. Blackman, 88 A.D.2d 620), or not so prejudicial as to constitute reversible error in light of the overwhelming evidence of the defendant's guilt (see, People v. Crimmins, 36 N.Y.2d 230).

The defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80).

Santucci, J. P., Joy, Friedmann and Goldstein, JJ., concur.


Summaries of

People v. Ramirez

Appellate Division of the Supreme Court of New York, Second Department
Mar 8, 1999
259 A.D.2d 567 (N.Y. App. Div. 1999)
Case details for

People v. Ramirez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EFRAIN RAMIREZ…

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

Date published: Mar 8, 1999

Citations

259 A.D.2d 567 (N.Y. App. Div. 1999)
687 N.Y.S.2d 381

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