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People v. Balkum

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 8, 1996
233 A.D.2d 929 (N.Y. App. Div. 1996)

Opinion

November 8, 1996.

Judgment unanimously affirmed.

Before: Present — Green, J.P., Pine, Callahan, Doerr and Davis, JJ.


On appeal from a judgment convicting him of attempted sodomy in the first degree, unlawful imprisonment in the second degree and two counts of sexual abuse in the first degree, defendant contends that he was deprived of a fair trial by numerous alleged improprieties by the prosecutor during the trial. Defendant objected to one of the alleged improprieties, the prosecutor's characterization of the defense theory as a conspiracy, and County Court sustained the objection. Defendant made neither a further objection nor a request for curative instructions. Thus, the court "must be deemed to have corrected the error to the defendant's satisfaction" ( People v Williams, 46 NY2d 1070, 1071).

Defendant failed to object to the remaining alleged prosecutorial improprieties. Therefore, those contentions are not preserved for our review ( see, CPL 470.05), and we decline to exercise our power to review them as a matter of discretion in the interest of justice ( see, CPL 470.15 [a]). (Appeal from Judgment of Monroe County Court, Marks, J. — Sexual Abuse, 1st Degree.)


Summaries of

People v. Balkum

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 8, 1996
233 A.D.2d 929 (N.Y. App. Div. 1996)
Case details for

People v. Balkum

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JASON BALKUM, Appellant

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

Date published: Nov 8, 1996

Citations

233 A.D.2d 929 (N.Y. App. Div. 1996)
649 N.Y.S.2d 874

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