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People v. Rosario

Appellate Division of the Supreme Court of New York, Second Department
Jul 19, 1993
195 A.D.2d 577 (N.Y. App. Div. 1993)

Opinion

July 19, 1993

Appeal from the County Court, Westchester County (LaCava, J.).


Ordered that the judgment is affirmed.

The defendant contends that certain allegedly improper comments made by the prosecutor during summation deprived him of a fair trial. However, the defendant has failed to preserve this contention for appellate review inasmuch as no objections were raised to the majority of the comments in question, while those comments to which objections were registered were followed by curative instructions, subsequent to which the defendant neither asked for further curative instructions nor moved for a mistrial, thereby indicating that the court had sufficiently cured any error to his satisfaction (see, CPL 470.05; People v Medina, 53 N.Y.2d 951, 953; People v. Geddes, 134 A.D.2d 279, 280-281; People v. Ogelsby, 128 A.D.2d 556). In any event, when the remarks complained of are fairly evaluated in comparison with the summation comments of the defense counsel (see, People v Bosmond, 154 A.D.2d 689), we find that they either constituted a fair response to the defense counsel's summation or were within the confines of the evidence (see, People v. Ashwal, 39 N.Y.2d 105, 109; People v. Jones, 173 A.D.2d 853, 854).

Contrary to the defendant's contention, we find that the court properly provided meaningful supplementary instructions to the jury's inquiries regarding the element of intent, when considered together with the court's overall charge on the elements of murder in the second degree (see, CPL 310.30; People v Almodovar, 62 N.Y.2d 126, 131-132; People v. Malloy, 55 N.Y.2d 296, 301, cert denied 459 U.S. 847). Thompson, J.P., Rosenblatt, Miller and Santucci, JJ., concur.


Summaries of

People v. Rosario

Appellate Division of the Supreme Court of New York, Second Department
Jul 19, 1993
195 A.D.2d 577 (N.Y. App. Div. 1993)
Case details for

People v. Rosario

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PETER ROSARIO…

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

Date published: Jul 19, 1993

Citations

195 A.D.2d 577 (N.Y. App. Div. 1993)
601 N.Y.S.2d 836

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