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People v. Santiago

Appellate Division of the Supreme Court of New York, First Department
Sep 20, 1994
207 A.D.2d 714 (N.Y. App. Div. 1994)

Opinion

September 20, 1994

Appeal from the Supreme Court, Bronx County (Robert Cohen, J.).


Defendant's argument that the prosecutor improperly appealed to the emotions of the jurors by commenting in summation on the victim's suffering in the months after the shooting and before his death is unpreserved for appellate review as a matter of law (see, People v. Flores, 191 A.D.2d 306, 307, lv denied 81 N.Y.2d 1013). In any event, even if we were to consider this comment along with that to which defendant did object — that defendant should not be rewarded because the victim survived for several months after the shooting — we would find that they were properly responsive to defendant's suggestion that the People had not proven causation within the "`four corners of the evidence'" (People v. Ashwal, 39 N.Y.2d 105, 109). We would also find that any error was harmless in view of the overwhelming evidence of defendant's guilt (People v. Crimmins, 36 N.Y.2d 230).

Concur — Sullivan, J.P., Carro, Nardelli, Williams and Tom, JJ.


Summaries of

People v. Santiago

Appellate Division of the Supreme Court of New York, First Department
Sep 20, 1994
207 A.D.2d 714 (N.Y. App. Div. 1994)
Case details for

People v. Santiago

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JORGE SANTIAGO…

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

Date published: Sep 20, 1994

Citations

207 A.D.2d 714 (N.Y. App. Div. 1994)
616 N.Y.S.2d 948