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People v. Moses

Appellate Division of the Supreme Court of New York, First Department
May 8, 2003
305 A.D.2d 184 (N.Y. App. Div. 2003)

Opinion

1106

May 8, 2003.

Judgment, Supreme Court, Bronx County (Nicholas Iacovetta, J.), rendered March 29, 2001, convicting defendant, after a jury trial, of attempted assault in the first degree and sentencing him to a term of 3½ years, unanimously affirmed.

Danielle L. Attias, for respondent.

Jeffrey Dellheim, for defendant-appellant.

Before: Mazzarelli, J.P., Saxe, Williams, Marlow, Gonzalez, JJ.


By failing to object, by making generalized objections or objections on different grounds from those raised on appeal, or by failing to request further relief after objections were sustained, defendant failed to preserve his current challenges to the prosecutor's allegedly prejudicial comments and questions during his cross-examination of defendant and we decline to review them in the interest of justice. Were we to review these claims, we would find that while the prosecutor did engage in certain instances of improper and unprofessional conduct, such misconduct was harmless in view of the overwhelming evidence of defendant's guilt (see People v. Crimmins, 36 N.Y.2d 230), as well as the court's prompt curative actions that minimized any prejudicial effect (see People v. Santiago, 52 N.Y.2d 865).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Moses

Appellate Division of the Supreme Court of New York, First Department
May 8, 2003
305 A.D.2d 184 (N.Y. App. Div. 2003)
Case details for

People v. Moses

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL MOSES…

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

Date published: May 8, 2003

Citations

305 A.D.2d 184 (N.Y. App. Div. 2003)
757 N.Y.S.2d 856

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