[Download] "People v. Ramon Solano" by Supreme Court of New York * eBook PDF Kindle ePub Free
eBook details
- Title: People v. Ramon Solano
- Author : Supreme Court of New York
- Release Date : January 26, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
DECISION & ORDER The defendant argues that he was deprived of a fair trial as a result of prosecutorial misconduct during
the People's summation. However, defense counsel failed to object to several of the alleged improper remarks, and therefore,
any argument with respect to those remarks is unpreserved for appellate review (CPL 470.05[2]; People v Thomas, 50 N.Y.2d
467; People v Udzinski, 146 A.D.2d 245, 248-252). With respect to those remarks of the prosecutor in summation that were objected
to, the record indicates that they either elicited prompt curative instructions by the court or constituted fair comment on
the evidence (see, People v Ashwal, 39 N.Y.2d 105, 111; People v Marks, 6 N.Y.2d 67). Furthermore, we find that the court's initial improper admission of hearsay evidence, i.e., the contents of a police radio
run, does not mandate reversal of the judgment of conviction in light of the court's subsequent unequivocal curative instruction
to the jury to disregard that evidence (see, People v Berg, 59 N.Y.2d 294, 299-300). We have considered the defendant's remaining
contentions and find them to be without merit.