From Casetext: Smarter Legal Research

People v. Attianese

Appellate Division of the Supreme Court of New York, Second Department
May 30, 1989
150 A.D.2d 784 (N.Y. App. Div. 1989)

Opinion

May 30, 1989

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


Ordered that the judgment is affirmed.

While there may have been some inconsistencies in the testimony of the People's witnesses, issues of credibility are primarily for the jury to resolve (see, People v Joyiens, 39 N.Y.2d 197, 203; People v Ramjohn, 128 A.D.2d 904; People v Rosenfeld, 93 A.D.2d 872). Upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (CPL 470.15).

Turning to the defendant's numerous claims of prejudicial error in the prosecutor's questioning of witnesses and in his summation, the record does not support the defendant's claim that remarks made by the prosecutor both at trial and during summation deprived him of a fair trial. While we strongly condemn some of the tactics employed by the prosecutor, the court rendered appropriate curative instructions which were accepted by defense counsel who did not request further admonitions. Thus, we conclude that the defendant was not deprived of his right to a fair trial by the conduct of the prosecutor (see, People v Galloway, 54 N.Y.2d 396; People v Robinson, 137 A.D.2d 564, lv denied 71 N.Y.2d 1032).

The defendant's final contention is without merit. Bracken, J.P., Eiber, Spatt and Rosenblatt, JJ., concur.


Summaries of

People v. Attianese

Appellate Division of the Supreme Court of New York, Second Department
May 30, 1989
150 A.D.2d 784 (N.Y. App. Div. 1989)
Case details for

People v. Attianese

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT ATTIANESE…

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

Date published: May 30, 1989

Citations

150 A.D.2d 784 (N.Y. App. Div. 1989)

Citing Cases

People v. Williams

Accordingly, the South Carolina crime for which the defendant was convicted was not necessarily punishable as…

People v. Vaughn

The complainant's testimony that she suffered physical pain for a few days after the robbery as a result of…