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People v. Antonio

Appellate Division of the Supreme Court of New York, Second Department
Nov 16, 1998
255 A.D.2d 449 (N.Y. App. Div. 1998)

Opinion

November 16, 1998

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


Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution ( 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).

The defendant's claims of prosecutorial misconduct have not been preserved for appellate review ( see, CPL 470.05). The defendant either made general objections which failed to alert the court to the grounds for his protests, or he neglected to request any further ameliorative action when the court sustained his objections and, where appropriate, gave curative instructions to the jurors ( see, People v. Heide, 84 N.Y.2d 943; People v. Tevaha, 84 N.Y.2d 879; People v. Scotti, 220 A.D.2d 543). In any event, any misconduct was harmless in light of the overwhelming evidence of the defendant's guilt, which included both eyewitness testimony and proof of incriminating statements made by the defendant following the shooting ( see, People v. Crimmins, 36 N.Y.2d 230).

O'Brien, J. P., Sullivan, Krausman and Florio, JJ., concur.


Summaries of

People v. Antonio

Appellate Division of the Supreme Court of New York, Second Department
Nov 16, 1998
255 A.D.2d 449 (N.Y. App. Div. 1998)
Case details for

People v. Antonio

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAMON ANTONIO…

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

Date published: Nov 16, 1998

Citations

255 A.D.2d 449 (N.Y. App. Div. 1998)
682 N.Y.S.2d 214

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