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People v. Garcia

Appellate Division of the Supreme Court of New York, First Department
Apr 20, 2000
271 A.D.2d 336 (N.Y. App. Div. 2000)

Opinion

April 20, 2000.

Judgment, Supreme Court, New York County (Laura Visitacion-Lewis, J.), rendered January 20, 1999, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the second degree, and sentencing him, as a second felony offender, to a term of 6 years to life, unanimously affirmed.

Mindy J. Levinson, for respondent.

Michael J. Mannheimer, for defendant-appellant.

NARDELLI, J.P., TOM, ELLERIN, LERNER, ANDRIAS, JJ.


Defendant's claim that the court erred by allowing the People to introduce a prior consistent statement by a People's witness is unpreserved (People v. Tevaha, 84 N.Y.2d 879). Defendant made a specific objection to only one of the People's questions on redirect, and that objection, which was sustained, was on a different ground from that raised on appeal. We decline to review defendant's present claim in the interest of justice. Were we to review this claim, we would find that no actual prior consistent statements were elicited and that the challenged testimony on redirect properly served to counter issues raised on cross-examination.

By failing to object, or by failing to make a specific objection, defendant has failed to preserve his current challenges to the People's summation and we decline to review them in the interest of justice. Were we to review these claims, we would find the challenged portions of the summation did not deprive defendant of a fair trial (see, People v. Overlee, 236 A.D.2d 133, lv denied 91 N.Y.2d 976; People v. D'Alessandro, 184 A.D.2d 114, 118-119, lv denied 81 N.Y.2d 884).

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


Summaries of

People v. Garcia

Appellate Division of the Supreme Court of New York, First Department
Apr 20, 2000
271 A.D.2d 336 (N.Y. App. Div. 2000)
Case details for

People v. Garcia

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDRES GARCIA…

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

Date published: Apr 20, 2000

Citations

271 A.D.2d 336 (N.Y. App. Div. 2000)
706 N.Y.S.2d 641