From Casetext: Smarter Legal Research

People v. Stewart

Appellate Division of the Supreme Court of New York, Second Department
Jul 30, 1984
103 A.D.2d 852 (N.Y. App. Div. 1984)

Opinion

July 30, 1984

Appeal by defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered September 15, 1981, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.


¶ Judgment affirmed.

¶ The prosecutor's two isolated questions of which the defendant complains "cannot be deemed to have had the impact on the jury which defendant urges, inasmuch as the jury had insufficient information to reach the conclusion defendant [now claims they reached]" ( People v Gibbs, 59 N.Y.2d 930, 932). The jury never saw the photograph, the witness never answered the questions and the jury was appropriately admonished ( People v. Sorgente, 90 A.D.2d 559).

¶ We have considered the other issues raised by defendant's counsel and by defendant pro se, including the claim of ineffective assistance of counsel (see Strickland v. Washington, 466 US ___, 104 S Ct 2052; People v. Morris, 100 A.D.2d 630), and find them either to be unpreserved or without merit. Titone, J.P., Mangano, Gibbons and O'Connor, JJ., concur.


Summaries of

People v. Stewart

Appellate Division of the Supreme Court of New York, Second Department
Jul 30, 1984
103 A.D.2d 852 (N.Y. App. Div. 1984)
Case details for

People v. Stewart

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CYPRIAN STEWART…

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

Date published: Jul 30, 1984

Citations

103 A.D.2d 852 (N.Y. App. Div. 1984)