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People v. Schilling

Appellate Division of the Supreme Court of New York, Second Department
Nov 22, 1993
198 A.D.2d 454 (N.Y. App. Div. 1993)

Opinion

November 22, 1993

Appeal from the County Court, Nassau County (Orenstein, J.).


Ordered that the judgment is affirmed.

Although the defendant cites to numerous instances of alleged prosecutorial misconduct committed upon summation, during the People's opening statement, and otherwise during trial, only a few contentions in this regard have been properly preserved for appellate review (see, CPL 470.05) and we decline to review the others in the exercise of our interest of justice jurisdiction. Of the summation contentions which were preserved for our review, we find that no remarks substantially prejudiced the defendant's trial or exceeded the bounds of permissible rhetorical comment (see, People v Galloway, 54 N.Y.2d 396) and we find that the other cited instances of alleged prosecutorial misconduct also did not constitute reversible error (cf., People v Hicks, 102 A.D.2d 173).

Upon our review of the court's charge, we find that the instructions "adequately conveyed to the jury the appropriate standards" (People v Graziano, 151 A.D.2d 775, 775-776).

We have considered the defendant's remaining contentions and find them to be without merit. Eiber, J.P., O'Brien, Santucci and Joy, JJ., concur.


Summaries of

People v. Schilling

Appellate Division of the Supreme Court of New York, Second Department
Nov 22, 1993
198 A.D.2d 454 (N.Y. App. Div. 1993)
Case details for

People v. Schilling

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEBRA SCHILLING…

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

Date published: Nov 22, 1993

Citations

198 A.D.2d 454 (N.Y. App. Div. 1993)
605 N.Y.S.2d 905

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