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People v. Melendez

Appellate Division of the Supreme Court of New York, First Department
Oct 1, 1998
254 A.D.2d 30 (N.Y. App. Div. 1998)

Opinion

October 1, 1998

Appeal from the Supreme Court, New York County (John Bradley, J.).


The court properly exercised its discretion in balancing the probative nature of defendant's prior convictions against the possibility of undue prejudice. We do not find defendant's felony conviction to be too remote for cross-examination ( see, People v. Walker, 83 N.Y.2d 455, 459).

Defendant's challenges to the prosecutor's summation are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find that the challenged comments were fair comments on the evidence and proper responses to arguments raised in the defense summation ( see, People v. Overlee, 236 A.D.2d 133, lv denied 91 N.Y.2d 976).

Concur — Milonas, J.P., Rosenberger, Ellerin and Andrias, JJ.


Summaries of

People v. Melendez

Appellate Division of the Supreme Court of New York, First Department
Oct 1, 1998
254 A.D.2d 30 (N.Y. App. Div. 1998)
Case details for

People v. Melendez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMIE MELENDEZ…

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

Date published: Oct 1, 1998

Citations

254 A.D.2d 30 (N.Y. App. Div. 1998)
678 N.Y.S.2d 261

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