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People v. Lynch

Appellate Division of the Supreme Court of New York, Second Department
Dec 31, 1987
135 A.D.2d 865 (N.Y. App. Div. 1987)

Opinion

December 31, 1987

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


Ordered that the judgment is affirmed.

The evidence adduced at trial established that the defendant intentionally caused serious physical injury to the victims without justification by shooting one victim in the abdomen and then shooting the retreating second victim in the back and left thigh. Viewing the evidence in the light most favorable to the People, the evidence was legally sufficient to support the verdict (see, People v Contes, 60 N.Y.2d 620, 621). Moreover, upon the exercise of our factual review power, we are satisfied that the defendant's guilt was established beyond a reasonable doubt and the verdict was not against the weight of the evidence (see, CPL 470.15).

The numerous instances of prosecutorial misconduct cited by the defendant with respect to the People's summation do not constitute reversible error. The defendant failed to preserve for appellate review his challenges to most of these comments by either failing to object to them at all (CPL 470.05) or by failing to object to the adequacy of the court's curative instructions (see, People v Medina, 53 N.Y.2d 951, 953; People v Santiago, 52 N.Y.2d 865, 866). We note that even those instances of alleged prosecutorial misconduct which were arguably preserved for appellate review were fair responses to the allegations in the defense counsel's summation that the People's witnesses had fabricated their testimony (see, People v Marks, 6 N.Y.2d 67, 77, cert denied 362 U.S. 912; People v Lowen, 100 A.D.2d 518, 520).

We have considered the defendant's remaining arguments, including those raised in his pro se supplemental brief, and find them to be without merit. Niehoff, J.P., Weinstein, Eiber and Harwood, JJ., concur.


Summaries of

People v. Lynch

Appellate Division of the Supreme Court of New York, Second Department
Dec 31, 1987
135 A.D.2d 865 (N.Y. App. Div. 1987)
Case details for

People v. Lynch

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES LYNCH, Appellant

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

Date published: Dec 31, 1987

Citations

135 A.D.2d 865 (N.Y. App. Div. 1987)

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