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People v. Miller

Appellate Division of the Supreme Court of New York, First Department
Dec 5, 1989
156 A.D.2d 142 (N.Y. App. Div. 1989)

Opinion

December 5, 1989

Appeal from the Supreme Court, New York County (Juanita Bing Newton, J.).


Although the testimony of the arresting officer bolstered the identification made by the undercover officer, and was therefore improper (People v Trowbridge, 305 N.Y. 471), such does not warrant a reversal in view of the trial court's prompt curative instructions striking the bolstering testimony from the record. Defendant's argument that certain comments made by the prosecutor in summation were improper is not preserved as a matter of law, no objections having been taken thereto at trial. Were we to review such comments in the interests of justice, we would nevertheless affirm as we do not think they deprived defendant of a fair trial.

Concur — Ross, J.P., Asch, Milonas, Ellerin and Wallach, JJ.


Summaries of

People v. Miller

Appellate Division of the Supreme Court of New York, First Department
Dec 5, 1989
156 A.D.2d 142 (N.Y. App. Div. 1989)
Case details for

People v. Miller

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LLOYD MILLER, Appellant

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

Date published: Dec 5, 1989

Citations

156 A.D.2d 142 (N.Y. App. Div. 1989)
548 N.Y.S.2d 189

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