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People v. Montalvo

Appellate Division of the Supreme Court of New York, First Department
Jun 16, 1998
251 A.D.2d 136 (N.Y. App. Div. 1998)

Opinion

June 16, 1998

Appeal from the Supreme Court, New York County (Alvin Schlesinger, J.).


Defendant's argument that the trial court's questioning of his alibi witnesses denied him a fair trial is unpreserved for appellate review as a matter of law for failure to object ( People v. Charleston, 56 N.Y.2d 886, 887-888), and we decline to review it in the interest of justice. Were we to review this claim, we would find that the court acted within reasonable limits to clarify confusing testimony ( see, People v. Yut Wai Tom, 53 N.Y.2d 44; People v. Moulton, 43 N.Y.2d 944), and that its questioning was not so excessive as to warrant reversal in light of the court's appropriate curative instructions.

We have reviewed defendant's remaining arguments, including those contained in his pro se supplemental brief, and find them to be without merit.

Concur — Milonas, J. P., Tom, Andrias and Saxe, JJ.


Summaries of

People v. Montalvo

Appellate Division of the Supreme Court of New York, First Department
Jun 16, 1998
251 A.D.2d 136 (N.Y. App. Div. 1998)
Case details for

People v. Montalvo

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAUL MONTALVO…

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

Date published: Jun 16, 1998

Citations

251 A.D.2d 136 (N.Y. App. Div. 1998)
672 N.Y.S.2d 738

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