From Casetext: Smarter Legal Research

People v. Walker

Appellate Division of the Supreme Court of New York, Second Department
Apr 13, 1992
182 A.D.2d 731 (N.Y. App. Div. 1992)

Opinion

April 13, 1992

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


Ordered that the judgment is affirmed.

We find no merit to the defendant's claims of prosecutorial misconduct, consisting, in the main, of alleged improper cross-examination and prejudicial comments in summation. Most of the defendant's claims were not properly preserved for appellate review (see, People v Medina, 53 N.Y.2d 951, 953; People v Hawthorne, 175 A.D.2d 880; People v Lewis, 175 A.D.2d 885; People v Mack, 172 A.D.2d 629). In any event, we find that the instances of alleged misconduct did not deprive the defendant of a fair trial (see, People v Galloway, 54 N.Y.2d 396; People v Roopchand, 107 A.D.2d 35, 36, affd 65 N.Y.2d 837).

The defendant contends that certain sua sponte rulings by the trial court which limited cross-examination by the defense counsel, as well as the trial court's interruption of the defense witness to ask questions, deprived him of a fair trial. However, the defendant did not object to these alleged errors and his argument is therefore not preserved for appellate review (see, CPL 470.05; People v Charleston, 56 N.Y.2d 886; People v Whitehead, 155 A.D.2d 567; People v Vargas, 150 A.D.2d 513). In any event, the court in a trial of a criminal action is permitted to raise matters on its own initiative in order to elicit significant facts, clarify or enlighten an issue, or facilitate the orderly and expeditious progress of the trial (see, People v Mendes, 3 N.Y.2d 120, 121). We find that the challenged intervention by the trial court was appropriate and neither manifested a bias against the defendant nor deprived the defendant of a fair trial (see, People v Tucker, 140 A.D.2d 887, 891; People v Congilaro, 60 A.D.2d 442, 456-457).

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

We have considered the defendant's remaining contentions and find them to be without merit. Sullivan, J.P., Balletta, Lawrence and Santucci, JJ., concur.


Summaries of

People v. Walker

Appellate Division of the Supreme Court of New York, Second Department
Apr 13, 1992
182 A.D.2d 731 (N.Y. App. Div. 1992)
Case details for

People v. Walker

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL WALKER…

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

Date published: Apr 13, 1992

Citations

182 A.D.2d 731 (N.Y. App. Div. 1992)

Citing Cases

People v. Mata

Moreover, we are satisfied that the verdict of guilt as to those crimes was not against the weight of the…

People v. Mata

Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant's guilt of robbery in…