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People v. Sanchez

Appellate Division of the Supreme Court of New York, First Department
Jun 2, 1992
184 A.D.2d 203 (N.Y. App. Div. 1992)

Opinion

June 2, 1992

Appeal from the Supreme Court, New York County (Leslie Crocker Snyder, J.).


The trial court properly instructed the jury to consider only competent evidence, to consider the complainant's testimony regarding what an uncalled counselor allegedly told her only as it might pertain to credibility determinations, and to refrain from speculation (see, e.g., People v. Jackson, 65 N.Y.2d 265, 271).

Defendant's claims of prosecutorial misconduct in summation are for the most part unpreserved for appellate review as a matter of law (CPL 470.05). In any event, as defense counsel's summation vigorously attacked the complainant's testimony in terms of a "fabrication," the prosecutor's responsive comments on credibility, although perhaps better expressed in more moderate terms, were not so prejudicial as to require a new trial (see, People v. Castillo, 16 A.D.2d 235, 236-237, affd 12 N.Y.2d 732).

We have considered defendant's remaining claims and find them to be both unpreserved and without merit.

Concur — Murphy, P.J., Carro, Ellerin, Kassal and Rubin, JJ.


Summaries of

People v. Sanchez

Appellate Division of the Supreme Court of New York, First Department
Jun 2, 1992
184 A.D.2d 203 (N.Y. App. Div. 1992)
Case details for

People v. Sanchez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STACEY SANCHEZ…

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

Date published: Jun 2, 1992

Citations

184 A.D.2d 203 (N.Y. App. Div. 1992)