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People v. Rivera

Appellate Division of the Supreme Court of New York, First Department
Dec 27, 1994
210 A.D.2d 178 (N.Y. App. Div. 1994)

Opinion

December 27, 1994

Appeal from the Supreme Court, Bronx County (Harold Silverman, J.).


Defendant's motion for a mistrial was properly denied. When the People elicited a statement made by defendant to the complainant, notwithstanding the People's previous disclaimer, in their response to a discovery demand, of the existence of such statements, this turn of events did not require any type of remedy (see, CPL 240.70), because statements to a civilian witness are nondiscoverable (CPL 240.20 [a]) and because defense strategy was totally unaffected by this situation. In any event, the court struck the statement and instructed the jury to disregard it, and any error in this regard would have been harmless because of the equivocal nature of the statement and the overwhelming evidence of guilt.

While portions of the People's summation would have been better left unsaid, the summation generally remained within the broad bounds of permissible advocacy (People v Galloway, 54 N.Y.2d 396, 399). In any event, any errors with respect to the summation were harmless beyond a reasonable doubt in view of the overwhelming evidence of guilt (People v Crimmins, 36 N.Y.2d 230).

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


Summaries of

People v. Rivera

Appellate Division of the Supreme Court of New York, First Department
Dec 27, 1994
210 A.D.2d 178 (N.Y. App. Div. 1994)
Case details for

People v. Rivera

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ENRIQUE RIVERA…

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

Date published: Dec 27, 1994

Citations

210 A.D.2d 178 (N.Y. App. Div. 1994)
620 N.Y.S.2d 365

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