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People v. Simmons

Appellate Division of the Supreme Court of New York, Second Department
Jun 16, 1986
121 A.D.2d 579 (N.Y. App. Div. 1986)

Opinion

June 16, 1986

Appeal from the Supreme Court, Queens County (Dubin, J.).


Judgment affirmed.

The claim by the defendant that he was deprived of a fair trial because of certain prejudicial remarks made by the prosecutor during summation was not preserved for review as a matter of law (CPL 470.05; People v. Decesare, 112 A.D.2d 167). Further, there was no objection or exception taken to the charge nor were any specific instructions requested by the defendant, and accordingly, any issue of law as to the charge was not preserved for appellate review (see, CPL 470.05; People v. Frazer, 112 A.D.2d 315). Review of either of these issues in the interest of justice is not warranted. Lazer, J.P., Bracken, Weinstein and Eiber, JJ., concur.


Summaries of

People v. Simmons

Appellate Division of the Supreme Court of New York, Second Department
Jun 16, 1986
121 A.D.2d 579 (N.Y. App. Div. 1986)
Case details for

People v. Simmons

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN SIMMONS, Appellant

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

Date published: Jun 16, 1986

Citations

121 A.D.2d 579 (N.Y. App. Div. 1986)

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