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People v. Rosa

Appellate Division of the Supreme Court of New York, Second Department
Nov 16, 1998
255 A.D.2d 464 (N.Y. App. Div. 1998)

Opinion

November 16, 1998

Appeal from the County Court, Westchester County (Smith, J.).


Ordered that the judgment is affirmed.

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

There is no merit to the defendant's contention that he was prejudiced by several comments made by the prosecutor during the course of the trial. Although the prosecutor's comments were improper, the trial court's immediate curative instructions were sufficient to dispel whatever prejudicial effect those comments may have had on the jury ( see, People v. Galloway, 54 N.Y.2d 396; People v. Melendez, 158 A.D.2d 720; People v. Jalah, 107 A.D.2d 762).

Rosenblatt, J. P., Miller, Thompson and Joy, JJ., concur.


Summaries of

People v. Rosa

Appellate Division of the Supreme Court of New York, Second Department
Nov 16, 1998
255 A.D.2d 464 (N.Y. App. Div. 1998)
Case details for

People v. Rosa

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUNIOR ROSA, Appellant

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

Date published: Nov 16, 1998

Citations

255 A.D.2d 464 (N.Y. App. Div. 1998)
680 N.Y.S.2d 862