From Casetext: Smarter Legal Research

People v. Davis

Appellate Division of the Supreme Court of New York, First Department
Jul 1, 1999
263 A.D.2d 351 (N.Y. App. Div. 1999)

Opinion

July 1, 1999.

Appeal from Supreme Court, New York County (Nicholas Figueroa, J.), rendered May 23, 1996, convicting defendant, after a jury trial, of murder in the second degree, attempted murder in the second degree, criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree, and sentencing him to concurrent terms of 18 1/2 years to life, 5 to 15 years, 3 to 9 years, and 2 to 6 years, respectively, unanimously affirmed.

PRESENT: Sullivan, J.P., Nardelli, Tom, Saxe and Friedman, JJ.


By failing to make specific objections, defendant has not preserved his current challenges to the prosecutor's summation and to the suitability of the court's curative instructions, adn we decline to review them in the interest of of justice. Were we to review these claims, we would find that the curative instructions, which the jury is presumed to have followed (see, people v. davis, 58 N.Y.2d 1102), prevented any prejudice to defendant from the challenged remarks and that defendant was not deprived of a fair trial (see, people v. D'Alessandro, 184 A.D.2d 114, 118-119, lv denied 81 N.Y.2d 884).

We have considered and rejected defendant's remaining claims including those contained in his pro se supplemental brief.


Summaries of

People v. Davis

Appellate Division of the Supreme Court of New York, First Department
Jul 1, 1999
263 A.D.2d 351 (N.Y. App. Div. 1999)
Case details for

People v. Davis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SEAN DAVIS, Appellant

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

Date published: Jul 1, 1999

Citations

263 A.D.2d 351 (N.Y. App. Div. 1999)
691 N.Y.S.2d 773

Citing Cases

Davis v. Portuondo

On July 1, 1999, the Appellate Division affirmed the petitioner's conviction. People v. Davis, 263 A.D.2d…