From Casetext: Smarter Legal Research

People v. Thybulle

Appellate Division of the Supreme Court of New York, Second Department
Jan 11, 1993
189 A.D.2d 790 (N.Y. App. Div. 1993)

Opinion

January 11, 1993

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


Ordered that the judgment is affirmed.

The defendant's initial contention that the prosecutor's failure to provide the full contents of a police witness' crime report amounted to a Rosario violation and warrants both a new Huntley hearing and a new trial is unpreserved for appellate review (see, People v. Rivera, 78 N.Y.2d 901, 903; see also, People v. Rogelio, 79 N.Y.2d 843, 844; People v. Rashid, 164 A.D.2d 951).

Furthermore, the defendant's contentions with respect to the prosecutor's summation comments are largely unpreserved for appellate review (see, CPL 470.05; People v. Medina, 53 N.Y.2d 951; People v. Martin, 149 A.D.2d 534, 535). Those comments to which any claims of error were preserved for appellate review constituted fair response to the defense counsel's summation (see, People v. Galloway, 54 N.Y.2d 396; People v. Sykes, 151 A.D.2d 523, 524; People v. Miller, 143 A.D.2d 1055; People v Walters, 116 A.D.2d 757, 758). Sullivan, J.P., Balletta, Eiber and Santucci, JJ., concur.


Summaries of

People v. Thybulle

Appellate Division of the Supreme Court of New York, Second Department
Jan 11, 1993
189 A.D.2d 790 (N.Y. App. Div. 1993)
Case details for

People v. Thybulle

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLARENCE THYBULLE…

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

Date published: Jan 11, 1993

Citations

189 A.D.2d 790 (N.Y. App. Div. 1993)

Citing Cases

People v. Kane

The admission of background testimony of the police officers explaining generally what is a "buy and bust"…