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People v. Lipman

Appellate Division of the Supreme Court of New York, Second Department
Oct 19, 1998
254 A.D.2d 435 (N.Y. App. Div. 1998)

Opinion

October 19, 1998

Appeal from the Supreme Court, Queens County (Flug, J).


Ordered that the judgment is affirmed.

The defendant's objections to the prosecutor's summation comments are unpreserved for appellate review ( see, CPL 470.05; People v. Comer, 73 N.Y.2d 955; People v. Medina, 53 N.Y.2d 951; People v. Scotti, 220 A.D.2d 543), or without merit.

Following a hearing, the trial court properly denied the defendant's motion to set aside the verdict based on a juror's testimony regarding the tenor of the jury's deliberations ( see, People v. Brown, 48 N.Y.2d 388, 393; People v. Redd, 164 A.D.2d 34; People v. Smalls, 112 A.D.2d 173; see also, People v. Silverman, 239 A.D.2d 445; People v. McKenzie, 173 A.D.2d 493).

The defendant's contention regarding the court's jury instructions is unpreserved for appellate review ( see, CPL 470.05).

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

O'Brien, J. P., Sullivan, Pizzuto and Florio, JJ., concur.


Summaries of

People v. Lipman

Appellate Division of the Supreme Court of New York, Second Department
Oct 19, 1998
254 A.D.2d 435 (N.Y. App. Div. 1998)
Case details for

People v. Lipman

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HUGH LIPMAN, Appellant

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

Date published: Oct 19, 1998

Citations

254 A.D.2d 435 (N.Y. App. Div. 1998)
678 N.Y.S.2d 906

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