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People v. Walston

Appellate Division of the Supreme Court of New York, Second Department
Mar 9, 1998
248 A.D.2d 570 (N.Y. App. Div. 1998)

Opinion

March 9, 1998

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


Ordered that the judgment is affirmed.

The defendant contends that the court erred in permitting a witness to remain on the stand during certain sidebar conferences. To the extent that this issue is preserved for appellate review, we conclude that it is without merit, since the defendant's claims of prejudice are speculative and unsupported by the record.

The defendant's contentions regarding the prosecutor's summation are unpreserved for appellate review as he failed to either object or request further curative instructions ( see, People v. Medina, 53 N.Y.2d 951; People v. Simms, 222 A.D.2d 622; People v. Scotti, 220 A.D.2d 543).

O'Brien, J. P., Thompson, Sullivan and Pizzuto, JJ., concur.


Summaries of

People v. Walston

Appellate Division of the Supreme Court of New York, Second Department
Mar 9, 1998
248 A.D.2d 570 (N.Y. App. Div. 1998)
Case details for

People v. Walston

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN WALSTON, Appellant

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

Date published: Mar 9, 1998

Citations

248 A.D.2d 570 (N.Y. App. Div. 1998)
669 N.Y.S.2d 879

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