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People v. Salters

Supreme Court, Appellate Division, First Department, New York.
Jun 25, 2013
107 A.D.3d 599 (N.Y. App. Div. 2013)

Opinion

2013-06-25

The PEOPLE of the State of New York, Respondent, v. Jason SALTERS, Defendant–Appellant.

Robert S. Dean, Center for Appellate Litigation, New York (Bruce D. Austern of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Patricia Curran of counsel), for respondent.



Robert S. Dean, Center for Appellate Litigation, New York (Bruce D. Austern of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Patricia Curran of counsel), for respondent.
ANDRIAS, J.P., FRIEDMAN, SWEENY, SAXE, RICHTER, JJ.

Judgment, Supreme Court, New York County (Renee A. White, J.), rendered October 13, 2011, convicting defendant, after a jury trial, of attempted gang assault in the first degree and assault in the second degree, and sentencing him to an aggregate term of 10 years, unanimously affirmed.

By failing to object, by making only generalized objections, and by failing to request further relief after objections were sustained, defendant failed to preserve his present challenges to the People's summation, and we decline to review them in the interest of justice. “The word ‘objection’ alone [is] insufficient to preserve [an] issue” for review as a question of law ( People v. Tevaha, 84 N.Y.2d 879, 881, 620 N.Y.S.2d 786, 644 N.E.2d 1342 [1994] ). As an alternative holding, we find no basis for reversal ( see People v. Overlee, 236 A.D.2d 133, 666 N.Y.S.2d 572 [1st Dept. 1997], lv. denied91 N.Y.2d 976, 672 N.Y.S.2d 855, 695 N.E.2d 724 [1998];People v. D'Alessandro, 184 A.D.2d 114, 118–119, 591 N.Y.S.2d 1001 [1st Dept. 1992], lv. denied81 N.Y.2d 884, 597 N.Y.S.2d 945, 613 N.E.2d 977 [1993] ). The challenged remarks were permissible arguments on issues of credibility, made in response to defense arguments, and there was no shifting of the burden of proof. To the extent anything in the summation could be viewed as objectionable, the court took sufficient curative actions.


Summaries of

People v. Salters

Supreme Court, Appellate Division, First Department, New York.
Jun 25, 2013
107 A.D.3d 599 (N.Y. App. Div. 2013)
Case details for

People v. Salters

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Jason SALTERS…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: Jun 25, 2013

Citations

107 A.D.3d 599 (N.Y. App. Div. 2013)
2013 N.Y. Slip Op. 4746
967 N.Y.S.2d 724