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People v. Madera

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1993
198 A.D.2d 235 (N.Y. App. Div. 1993)

Opinion

November 1, 1993

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


Ordered that the judgment is affirmed.

The defendant's contention that the court erred in failing to instruct the jury on the slight probative value to be accorded evidence of flight is unpreserved for appellate review (see, CPL 470.05; People v Ramos, 166 A.D.2d 468; People v Yaghnam, 135 A.D.2d 763). In any event, while the trial court should have issued an appropriate limiting instruction (see, People v Yazum, 13 N.Y.2d 302; People v Yaghnam, supra), we decline to reverse on this ground in the exercise of our interest of justice jurisdiction since the evidence of the defendant's guilt was overwhelming (see, People v Yaghnam, supra; People v Montemurro, 125 A.D.2d 605).

The defendant's contention that he was prejudiced by the prosecutor's summation is unpreserved for appellate review (see, CPL 470.05; People v Balls, 69 N.Y.2d 641). In any event, we find that the prosecutor's summation did not deprive the defendant of a fair trial (see, People v Roopchand, 107 A.D.2d 35, affd 65 N.Y.2d 837).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are either unpreserved for appellate review or without merit. Thompson, J.P., Miller, Lawrence and Copertino, JJ., concur.


Summaries of

People v. Madera

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1993
198 A.D.2d 235 (N.Y. App. Div. 1993)
Case details for

People v. Madera

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GENARO MADERA…

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

Date published: Nov 1, 1993

Citations

198 A.D.2d 235 (N.Y. App. Div. 1993)
604 N.Y.S.2d 800

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