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People v. Rodriguez

Appellate Division of the Supreme Court of New York, Second Department
Mar 4, 1996
225 A.D.2d 564 (N.Y. App. Div. 1996)

Opinion

March 4, 1996

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


Ordered that the judgments are affirmed.

The defendant's contentions regarding the prosecutor's summation at the trial under Indictment No. 1060/86 are, in part, unpreserved for appellate review and, in any event, all are without merit.

Because the trial court repeatedly recited that the People must prove the defendant's guilt beyond a reasonable doubt, the charge as a whole conveyed the proper standard of proof ( see, People v Taik Kwung, 186 A.D.2d 365).

In view of our determination with respect to the defendant's judgment of conviction under Indictment No. 1060/86, upon a jury verdict, there is no basis for vacatur of his plea under Indictment No. 807/80 ( cf., People v Clark, 45 N.Y.2d 432). Mangano, P.J., Bracken, Copertino and Pizzuto, JJ., concur.


Summaries of

People v. Rodriguez

Appellate Division of the Supreme Court of New York, Second Department
Mar 4, 1996
225 A.D.2d 564 (N.Y. App. Div. 1996)
Case details for

People v. Rodriguez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERTO RODRIGUEZ…

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

Date published: Mar 4, 1996

Citations

225 A.D.2d 564 (N.Y. App. Div. 1996)
639 N.Y.S.2d 725

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