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People v. Mayea

Appellate Division of the Supreme Court of New York, First Department
Apr 25, 1996
226 A.D.2d 280 (N.Y. App. Div. 1996)

Opinion

April 25, 1996

Appeal from the Supreme Court, New York County (Alfred Donati, Jr., J.).


The trial court properly modified its Sandoval ruling by allowing the prosecutor to cross-examine defendant on his prior manslaughter conviction when, on direct examination, defendant gave misleading testimony about that conviction ( see, Harris v New York, 401 U.S. 222, 225-226; People v. Santiago, 169 A.D.2d 557, lv denied 77 N.Y.2d 1000). Defendant's general objection to the prosecutor's summation did not preserve his present claims with respect thereto ( People v. Balls, 69 N.Y.2d 641), and we decline to review them in the interest of justice. In any event, if we were to review, we would find that the challenged comments were responsive to defense counsel's summation ( see, People v Galloway, 54 N.Y.2d 396, 399), did not make the prosecutor an unsworn witness, and properly urged consideration of relevant facts bearing on defendant's credibility.

Concur — Milonas, J.P., Kupferman, Ross and Tom, JJ.


Summaries of

People v. Mayea

Appellate Division of the Supreme Court of New York, First Department
Apr 25, 1996
226 A.D.2d 280 (N.Y. App. Div. 1996)
Case details for

People v. Mayea

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RODOLFO MAYEA…

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

Date published: Apr 25, 1996

Citations

226 A.D.2d 280 (N.Y. App. Div. 1996)
641 N.Y.S.2d 633

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