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People v. Malverty

Appellate Division of the Supreme Court of New York, Second Department
Nov 30, 1987
134 A.D.2d 621 (N.Y. App. Div. 1987)

Opinion

November 30, 1987

Appeal from the Supreme Court, Queens County (Clabby, J.).


Ordered that the judgment is affirmed.

The defendant's claim that an allegedly inflammatory comment by the prosecutor constituted reversible error has not been preserved for appellate review (see, People v. Hardwick, 122 A.D.2d 165; CPL 470.05), and in any event lacks merit (see, People v. Galloway, 54 N.Y.2d 396, 399; People v. Arce, 42 N.Y.2d 179, 191; People v. Ashwal, 39 N.Y.2d 105, 109-110).

Similarly, the defendant failed to preserve for appellate review his claim of error with regard to the trial court's charge on the definition of reasonable doubt by failing to object to that portion of the charge (see, People v. Fisher, 112 A.D.2d 378; CPL 470.05). In any event, the court's charge on the definition of reasonable doubt was complete and accurate (see, People v. Malloy, 55 N.Y.2d 296; People v. Quinones, 123 A.D.2d 793). Mangano, J.P., Thompson, Kunzeman and Harwood, JJ., concur.


Summaries of

People v. Malverty

Appellate Division of the Supreme Court of New York, Second Department
Nov 30, 1987
134 A.D.2d 621 (N.Y. App. Div. 1987)
Case details for

People v. Malverty

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK MALVERTY…

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

Date published: Nov 30, 1987

Citations

134 A.D.2d 621 (N.Y. App. Div. 1987)

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