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People v. Booth

Appellate Division of the Supreme Court of New York, Second Department
Oct 18, 1999
265 A.D.2d 485 (N.Y. App. Div. 1999)

Opinion

October 18, 1999.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Fisher, J.).


Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review his claim that the prosecutor violated the court's Sandoval ruling (see, People v. Sandoval, 34 N.Y.2d 371) by questioning him regarding a false response he gave on an employment application, since the defendant's objection to the inquiry did not raise this precise issue (see, CPL 470.05; People v. Graves, 85 N.Y.2d 1024; People v. Collins, 254 A.D.2d 154). In any event, the subject matter of the questioning did not violate the court's Sandoval ruling, nor did it warrant the giving of separate or additional prior notice pursuant to CPL 240.43.

The defendant's contention that several alleged instances of prosecutorial misconduct occurred during cross-examination is not preserved for appellate review, inasmuch as he failed to register timely, specific objections to the prosecutor's statements or to the curative instructions provided by the court (see, People v. Heide, 84 N.Y.2d 943; People v. Tevaha, 84 N.Y.2d 879; People v. Fleming, 70 N.Y.2d 947).

The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

THOMPSON, J.P., SULLIVAN, ALTMAN and FEUERSTEIN, JJ., concur.


Summaries of

People v. Booth

Appellate Division of the Supreme Court of New York, Second Department
Oct 18, 1999
265 A.D.2d 485 (N.Y. App. Div. 1999)
Case details for

People v. Booth

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID BOOTH, Appellant

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

Date published: Oct 18, 1999

Citations

265 A.D.2d 485 (N.Y. App. Div. 1999)
697 N.Y.S.2d 636

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