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People v. Yates

Appellate Division of the Supreme Court of New York, Second Department
Aug 29, 1994
207 A.D.2d 567 (N.Y. App. Div. 1994)

Opinion

August 29, 1994

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


Ordered that the judgment is affirmed.

Because he failed to object to the prosecutor's remarks on summation, to seek curative instructions, or to move for a mistrial, the defendant has not preserved for appellate review his objections to the prosecutor's summation (see, People v Nuccie, 57 N.Y.2d 818; People v. Acevedo, 156 A.D.2d 569; People v Coker, 135 A.D.2d 723; People v. Richardson, 114 A.D.2d 980; People v. Baldo, 107 A.D.2d 751). In any event, the prosecutor's comments made during summation did not deprive the defendant of his due process right to a fair trial (see, e.g., People v Gordon, 180 A.D.2d 748). Balletta, J.P., Rosenblatt, Joy and Florio, JJ., concur.


Summaries of

People v. Yates

Appellate Division of the Supreme Court of New York, Second Department
Aug 29, 1994
207 A.D.2d 567 (N.Y. App. Div. 1994)
Case details for

People v. Yates

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEE YATES, Appellant

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

Date published: Aug 29, 1994

Citations

207 A.D.2d 567 (N.Y. App. Div. 1994)
616 N.Y.S.2d 249

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