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People v. Balnavis

Appellate Division of the Supreme Court of New York, Second Department
Jul 1, 1991
175 A.D.2d 134 (N.Y. App. Div. 1991)

Opinion

July 1, 1991

Appeal from the Supreme Court, Kings County (Starkey, J.).


Ordered that the judgment is affirmed.

The defendant contends that the prosecutor committed reversible error by submitting to the jury that the crucial issue for it to consider was whether the police officers who testified for the People would jeopardize their careers by lying on the stand. The record indicates that the defendant did not object to this comment at trial on the ground now asserted on appeal. Accordingly, the claim is not preserved for appellate review (CPL 470.05; People v Medina, 53 N.Y.2d 951). In any event, although the tactic employed by the prosecution is generally impermissible (see, People v Bonaparte, 98 A.D.2d 778), under these circumstances it was a fair response to the defense summation (see, People v Hernandez, 128 A.D.2d 637).

The contentions raised by the defendant in his supplemental pro se brief are either unpreserved for appellate review (CPL 470.05) or without merit. Thompson, J.P., Kunzeman, Sullivan and Harwood, JJ., concur.


Summaries of

People v. Balnavis

Appellate Division of the Supreme Court of New York, Second Department
Jul 1, 1991
175 A.D.2d 134 (N.Y. App. Div. 1991)
Case details for

People v. Balnavis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MILVERTON BALNAVIS…

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

Date published: Jul 1, 1991

Citations

175 A.D.2d 134 (N.Y. App. Div. 1991)
573 N.Y.S.2d 883

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