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People v. Higgins

Appellate Division of the Supreme Court of New York, Second Department
Jun 12, 1989
151 A.D.2d 603 (N.Y. App. Div. 1989)

Opinion

June 12, 1989

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


Ordered that the judgment and order are affirmed.

The defendant's contention that the remarks made by the prosecutor in summation deprived him of a fair trial has not been preserved for appellate review as no objections were made at the time (see, CPL 470.05). Further, in view of the overwhelming evidence of the defendant's guilt there is no basis upon which to exercise our interest of justice jurisdiction.

With respect to the defendant's contentions in his pro se supplemental brief, we find that either they are not properly before us on direct appeal (see, People v. Rodriguez, 123 A.D.2d 405; People v. Johnson, 73 A.D.2d 652), or are without merit (see, CPL 440.30 [a]; People v. Baldi, 54 N.Y.2d 137, 147; People v. Morris, 100 A.D.2d 630, 631, affd 64 N.Y.2d 803). Bracken, J.P., Kunzeman, Eiber and Spatt, JJ., concur.


Summaries of

People v. Higgins

Appellate Division of the Supreme Court of New York, Second Department
Jun 12, 1989
151 A.D.2d 603 (N.Y. App. Div. 1989)
Case details for

People v. Higgins

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAUL HIGGINS, Appellant

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

Date published: Jun 12, 1989

Citations

151 A.D.2d 603 (N.Y. App. Div. 1989)

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