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People v. Rivera

Appellate Division of the Supreme Court of New York, First Department
Jun 9, 1998
251 A.D.2d 77 (N.Y. App. Div. 1998)

Opinion

June 9, 1998

Appeal from the Supreme Court, New York County (Herbert Altman, J.).


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. We see no reason to disturb the jurys determinations concerning credibility.

By failing to object, or by making only generalized objections, or by failing to request further relief after objections were sustained, defendant has failed to preserve his current claims regarding various comments made by the prosecutor in summation, and we decline to review them in the interest of justice. Were we to review them, we would find that the challenged comments were generally based on the evidence and responsive to defendants comments or the defense summation ( see, People v. Overlee, 236 A.D.2d 133), and that there was no pattern of inflammatory remarks or egregious conduct warranting reversal ( see, People v. D'Allesandro, 184 A.D.2d 114, 118-119, lv denied 81 N.Y.2d 884).

Defendants remaining contentions are unpreserved and without merit.

Concur — Ellerin, J. P., Nardelli, Rubin, Andrias and Saxe, JJ.


Summaries of

People v. Rivera

Appellate Division of the Supreme Court of New York, First Department
Jun 9, 1998
251 A.D.2d 77 (N.Y. App. Div. 1998)
Case details for

People v. Rivera

Case Details

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

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

Date published: Jun 9, 1998

Citations

251 A.D.2d 77 (N.Y. App. Div. 1998)
673 N.Y.S.2d 308