From Casetext: Smarter Legal Research

People v. Thomas

Appellate Division of the Supreme Court of New York, Second Department
Jan 11, 1999
257 A.D.2d 584 (N.Y. App. Div. 1999)

Opinion

January 11, 1999.

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


Ordered that the judgment is affirmed.

The defendant's contention that certain statements by the prosecutor on summation constituted reversible error is unpreserved for appellate review since he failed either to object at all, or to object with sufficient specificity, to ask for curative instructions, or to request a mistrial when they were made ( see, CPL 470.05; People v. Fleming, 70 N.Y.2d 947, 948; People v. Medina, 53 N.Y.2d 951, 953; People v. Udzinski, 146 A.D.2d 245, 250). In any event, the defendant's contentions are without merit. The prosecutor's statements constituted fair comment on the evidence ( see, People v. Ashwal, 39 N.Y.2d 105), or were an "appropriate response to defense counsel's arguments on summation" ( People v. Acevedo, 156 A.D.2d 569, 570; see, People v. Goodson, 185 A.D.2d 945; People v. Baldo, 107 A.D.2d 751).

The defendant's remaining contentions are unpreserved for appellate review. In any event, they are without merit.

Bracken, J.P., O'Brien, Joy and Florio, JJ., concur.


Summaries of

People v. Thomas

Appellate Division of the Supreme Court of New York, Second Department
Jan 11, 1999
257 A.D.2d 584 (N.Y. App. Div. 1999)
Case details for

People v. Thomas

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NOEL THOMAS, Appellant

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

Date published: Jan 11, 1999

Citations

257 A.D.2d 584 (N.Y. App. Div. 1999)
682 N.Y.S.2d 897

Citing Cases

People v. Davis [2d Dept 2000

The defendant failed to raise an objection, ask for a curative charge, or request a mistrial at the time the…

People v. Armonte

30; People v. Kurtz, 51 N.Y.2d 380, 384). The defense counsel did not object to the summation comments (see,…