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People v. Rodriguez

Appellate Division of the Supreme Court of New York, First Department
Jul 6, 1995
217 A.D.2d 422 (N.Y. App. Div. 1995)

Opinion

July 6, 1995

Appeal from the Supreme Court, Bronx County (Joseph Mazur, J.).


In this "buy and bust" prosecution, with overwhelming evidence of guilt, most of defendant's claims including that regarding the prosecutor's improper elicitation of police officer testimony that crack dealers "rob old ladies", are unpreserved for review as a matter of law, either because defendant failed to object to all (CPL 470.05; People v. Balls, 69 N.Y.2d 641), failed to object specifically (People v. Fleming, 70 N.Y.2d 947), or failed to seek additional curative relief upon objection being sustained ( People v. Brown, 174 A.D.2d 370, lv denied 78 N.Y.2d 1009), and we decline to review them in the interest of justice. In any event, if we were to review them, we would find that the cumulative effect thereof did not deprive defendant of a fair trial.

Concur — Wallach, J.P., Kupferman, Nardelli and Williams, JJ.


Summaries of

People v. Rodriguez

Appellate Division of the Supreme Court of New York, First Department
Jul 6, 1995
217 A.D.2d 422 (N.Y. App. Div. 1995)
Case details for

People v. Rodriguez

Case Details

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

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

Date published: Jul 6, 1995

Citations

217 A.D.2d 422 (N.Y. App. Div. 1995)
629 N.Y.S.2d 236

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