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People v. Foust

Appellate Division of the Supreme Court of New York, Second Department
Feb 3, 1986
117 A.D.2d 616 (N.Y. App. Div. 1986)

Opinion

February 3, 1986

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


Judgment affirmed.

Upon a review of the record, we find that legally sufficient evidence was presented, upon which, when viewed in the light most favorable to the prosecution, a rational trier of fact could have found that the elements of the crime were proved beyond a reasonable doubt (see, People v. Contes, 60 N.Y.2d 620, 621). The alleged prosecutorial misconduct in summation was either not objected to, and therefore any error of law with respect thereto was not preserved for appellate review (see, People v. Nuccie, 57 N.Y.2d 818; People v. Baldo, 107 A.D.2d 751; People v. Saylor, 115 A.D.2d 671), or was harmless in light of the overwhelming proof of defendant's guilt and the court's curative instructions (cf. People v. Wood, 66 N.Y.2d 374). Gibbons, J.P., Thompson, Niehoff and Kunzeman, JJ., concur.


Summaries of

People v. Foust

Appellate Division of the Supreme Court of New York, Second Department
Feb 3, 1986
117 A.D.2d 616 (N.Y. App. Div. 1986)
Case details for

People v. Foust

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD FOUST…

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

Date published: Feb 3, 1986

Citations

117 A.D.2d 616 (N.Y. App. Div. 1986)

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