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People v. Culbero

Appellate Division of the Supreme Court of New York, First Department
Oct 2, 2001
287 A.D.2d 251 (N.Y. App. Div. 2001)

Opinion

October 2, 2001.

Judgment, Supreme Court, Bronx County (Robert Straus, J.), rendered March 24, 1997, convicting defendant, after a jury trial, of two counts of murder in the second degree and four counts of robbery in the first degree, and sentencing him to concurrent terms of 25 years to life on the murder convictions, to run consecutively to concurrent terms of 8 to 25 years on the robbery convictions, unanimously affirmed.

Lynetta M. St.Clair, for respondent.

Julia Pamela Heit, for defendant-appellant.

Before: Sullivan, P.J., Rosenberger, Nardelli, Rubin, Friedman, JJ.


The court properly exercised its discretion in denying defendant's mistrial motions based on allegedly inflammatory remarks by two prosecution witnesses. These remarks were not unduly prejudicial and the court's curative actions were sufficient to prevent any prejudice (see,People v. Santiago, 52 N.Y.2d 865; People v. Young, 48 N.Y.2d 995).

We perceive no basis for reduction of defendant's sentence in the interest of justice. Defendant's remaining arguments concerning his trial and sentencing are similar to claims rejected by this Court on the codefendant's appeal (People v. Garcia, 276 A.D.2d 285, lv denied 95 N.Y.2d 934), and as to each argument we reach the same conclusions as we did with respect to the codefendant.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Culbero

Appellate Division of the Supreme Court of New York, First Department
Oct 2, 2001
287 A.D.2d 251 (N.Y. App. Div. 2001)
Case details for

People v. Culbero

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEROME CULBERO…

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

Date published: Oct 2, 2001

Citations

287 A.D.2d 251 (N.Y. App. Div. 2001)
730 N.Y.S.2d 711