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People v. Rivera

Appellate Division of the Supreme Court of New York, Second Department
Dec 5, 1988
145 A.D.2d 446 (N.Y. App. Div. 1988)

Opinion

December 5, 1988

Appeal from the Supreme Court, Kings County (Goldstein, J.).


Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the People (see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (CPL 470.15).

Many of the remarks made by the prosecutor during summation were not objected to and hence those alleged errors have not been preserved for appellate review (see, People v Medina, 53 N.Y.2d 951). In most of the instances when counsel did object, the objection was sustained and the court issued curative instructions, thus minimizing any possible prejudicial effect (see, People v Allen, 135 A.D.2d 823). In any event, in view of the strong evidence against the defendant, any errors in that regard were harmless beyond a reasonable doubt (see, People v Allen, 127 A.D.2d 840, lv denied 69 N.Y.2d 947). Spatt, J.P., Sullivan, Harwood and Balletta, JJ., concur.


Summaries of

People v. Rivera

Appellate Division of the Supreme Court of New York, Second Department
Dec 5, 1988
145 A.D.2d 446 (N.Y. App. Div. 1988)
Case details for

People v. Rivera

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN RIVERA, Appellant

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

Date published: Dec 5, 1988

Citations

145 A.D.2d 446 (N.Y. App. Div. 1988)