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People v. Jenkins

Appellate Division of the Supreme Court of New York, Second Department
Jul 7, 1986
122 A.D.2d 74 (N.Y. App. Div. 1986)

Opinion

July 7, 1986

Appeal from the County Court, Nassau County (Delin, J., Lawrence, J.).


Judgment and amended judgment affirmed.

The prosecutor's inferential bolstering was error (see, People v Holt, 67 N.Y.2d 819; People v Johnson, 57 N.Y.2d 969, 970), but the trial court's immediate curative instructions were sufficient to dispel whatever prejudicial effect this testimony may have had (see, People v Jalah, 107 A.D.2d 762).

The prosecution witness's allusion to the fact that the defendant was a probationer was also error, but, in light of the overwhelming evidence of the defendant's guilt, this error was harmless (see, People v Crimmins, 36 N.Y.2d 230).

The defendant's other contentions are either unpreserved (see, People v Medina, 53 N.Y.2d 951, 953), or without merit (see, People v Suitte, 90 A.D.2d 80). Weinstein, J.P., Niehoff, Lawrence and Kooper, JJ., concur.


Summaries of

People v. Jenkins

Appellate Division of the Supreme Court of New York, Second Department
Jul 7, 1986
122 A.D.2d 74 (N.Y. App. Div. 1986)
Case details for

People v. Jenkins

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID JENKINS…

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

Date published: Jul 7, 1986

Citations

122 A.D.2d 74 (N.Y. App. Div. 1986)

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