From Casetext: Smarter Legal Research

People v. Fisher

Appellate Division of the Supreme Court of New York, Second Department
Mar 20, 1989
148 A.D.2d 628 (N.Y. App. Div. 1989)

Opinion

March 20, 1989

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


Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review the alleged instances of prosecutorial misconduct during the cross-examination of the testifying codefendant (CPL 470.05). With regard to the allegedly improper comments made by the prosecutor during summation, the defendant either failed to object, or, after his objection was sustained and the court struck the comments to which he objected, he failed to request further curative instructions, thereby indicating satisfaction with the court's action (see, People v. Medina, 53 N.Y.2d 951, 952; People v. Teeter, 47 N.Y.2d 1002, 1003). In any event, even assuming that the prosecutor's comments were inappropriate, in light of the overwhelming evidence of the defendant's guilt, reversal would not be required (see, People v. Galloway, 54 N.Y.2d 396, 401; People v. Roopchand, 107 A.D.2d 35, affd 65 N.Y.2d 837).

We have reviewed the contention raised in the defendant's supplemental pro se brief and find it to be without merit. Bracken, J.P., Kunzeman, Spatt and Harwood, JJ., concur.


Summaries of

People v. Fisher

Appellate Division of the Supreme Court of New York, Second Department
Mar 20, 1989
148 A.D.2d 628 (N.Y. App. Div. 1989)
Case details for

People v. Fisher

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONALD FISHER…

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

Date published: Mar 20, 1989

Citations

148 A.D.2d 628 (N.Y. App. Div. 1989)

Citing Cases

People v. Rhodes

The defendant's contention regarding the prosecutor's cross-examination of his alibi witness about her status…

People v. Manning

The defendant asserts that the prosecutor's summation deprived him of a fair trial. We disagree. With respect…