From Casetext: Smarter Legal Research

People v. Watson

Appellate Division of the Supreme Court of New York, Second Department
Mar 3, 1986
118 A.D.2d 608 (N.Y. App. Div. 1986)

Opinion

March 3, 1986

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


Judgment affirmed.

The defendant failed to register specific objections to the instances of alleged improper marshaling of the evidence and to the introduction of rebuttal testimony as collateral in nature and, therefore, no questions of law with respect thereto are preserved for our review (CPL 470.05; cf. People v. Jones, 81 A.D.2d 22).

It is further contended by the defendant that the introduction of certain alleged hearsay testimony deprived him of a fair trial. The trial court, however, sustained the defendant's objections to this testimony and took curative action. As the defendant failed to make an immediate application seeking further or more complete instructions, he may not now assert the inadequacy of such instructions as error on appeal (see, People v. Santiago, 52 N.Y.2d 865, 866; People v. Dail, 112 A.D.2d 442). In any event, the curative action obviated any possible prejudice to the defendant.

We find no merit to the contention that the trial court improperly modified its Sandoval ruling so as to permit cross-examination into the underlying facts of certain of the defendant's prior convictions and reject the contention that the defendant was prejudiced when the prosecutor, without eliciting the criminal acts underlying the convictions, elicited, inter alia, the dates the crimes had been committed.

Review of the record discloses that the defendant was not deprived of a fair trial by any of the prosecutor's comments (see, People v. Martin, 112 A.D.2d 387; People v. Galloway, 54 N.Y.2d 396).

We have reviewed the defendant's remaining contentions and find them to be without merit. Gibbons, J.P., Thompson, Brown and Weinstein, JJ., concur.


Summaries of

People v. Watson

Appellate Division of the Supreme Court of New York, Second Department
Mar 3, 1986
118 A.D.2d 608 (N.Y. App. Div. 1986)
Case details for

People v. Watson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. REX WATSON, Appellant

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

Date published: Mar 3, 1986

Citations

118 A.D.2d 608 (N.Y. App. Div. 1986)

Citing Cases

People v. McNeil

Any prejudice that might have arisen from hearsay testimony elicited by the prosecutor was alleviated when…