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People v. Young

Appellate Division of the Supreme Court of New York, Second Department
Dec 6, 2000
278 A.D.2d 261 (N.Y. App. Div. 2000)

Opinion

Submitted November 9, 2000.

December 6, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kohm, J.), rendered April 16, 1999, convicting him of criminal possession of a weapon in the fourth degree, criminal possession of stolen property in the fifth degree, and jostling, upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (Debra E. Baker of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Steven Chang of counsel), for respondent.

Before: LAWRENCE J. BRACKEN, J.P., WILLIAM C. THOMPSON, THOMAS R. SULLIVAN, LEO F. McGINITY, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant claims that the arresting police officer improperly commented on prior uncharged crimes during his testimony. He contends that the comments were unduly prejudicial, warranting reversal and a new trial. That claim is not preserved for appellate review because the defendant failed to specify the basis of his objection (see, People v. West, 56 N.Y.2d 662; People v. Tevaha, 84 N.Y.2d 879).

In any event, the prejudicial information was elicited during cross-examination when the arresting officer answered a question posed to him by the defense counsel. Under the circumstances, the defendant may not seek a new trial because "[a] [d]efendant should not be permitted to be the knowing architect of reversible error" (People v. Casellas, 227 A.D.2d 343, 346; see, People v. McFadden, 261 A.D.2d 419; People v. Moux, 260 A.D.2d 304; People v. Rivera, 188 A.D.2d 322).


Summaries of

People v. Young

Appellate Division of the Supreme Court of New York, Second Department
Dec 6, 2000
278 A.D.2d 261 (N.Y. App. Div. 2000)
Case details for

People v. Young

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. CORNELL YOUNG, APPELLANT. (IND. NO…

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

Date published: Dec 6, 2000

Citations

278 A.D.2d 261 (N.Y. App. Div. 2000)
716 N.Y.S.2d 608

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