From Casetext: Smarter Legal Research

People v. Harripersaud

Appellate Division of the Supreme Court of New York, Second Department
Feb 2, 2004
4 A.D.3d 375 (N.Y. App. Div. 2004)

Opinion

2003-02269.

Decided February 2, 2004.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rosenzweig, J.), rendered February 11, 2003, convicting him of robbery in the second degree and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence.

Randall D. Unger, Bayside, N.Y., for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y. Brodt, and Rona I. Kugler of counsel), for respondent.

Before: A. GAIL PRUDENTI, P.J., GLORIA GOLDSTEIN, DANIEL F. LUCIANO and BARRY A. COZIER, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The Supreme Court properly limited the cross-examination of the complainant to the facts underlying his youthful offender adjudication. The fact that the complainant was previously adjudicated a youthful offender may not be used or proved to impeach his credibility since an adjudication is not a conviction ( cf. Matter of Sean R., 145 A.D.2d 637). In addition, the defendant's challenges to various questions posed by the prosecutor during cross-examination and comments made during summation, and his claim that the cumulative effect of prosecutorial misconduct constituted reversible error, are largely unpreserved for appellate review since the defendant either made only general objections, or did not request curative instructions when the objections were sustained ( see CPL 470.05; People v. Smith, 298 A.D.2d 607; People v. Udzinski, 146 A.D.2d 245). In any event, the contentions are without merit.

PRUDENTI, P.J., GOLDSTEIN, LUCIANO and COZIER, JJ., concur.


Summaries of

People v. Harripersaud

Appellate Division of the Supreme Court of New York, Second Department
Feb 2, 2004
4 A.D.3d 375 (N.Y. App. Div. 2004)
Case details for

People v. Harripersaud

Case Details

Full title:THE PEOPLE, ETC., respondent, v. ESHWAR HARRIPERSAUD, appellant

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

Date published: Feb 2, 2004

Citations

4 A.D.3d 375 (N.Y. App. Div. 2004)
771 N.Y.S.2d 184

Citing Cases

People v. Whitehurst

The defendant's arguments regarding alleged prosecutorial misconduct during summation are unpreserved for…