People v. Feliciano

Appellate Division of the Supreme Court of New York

People v. Feliciano

235 A.D.2d 207, 697 N.Y.S.2d 842, 1997 N.Y. App. Div. LEXIS 31

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 7, 1997

StatusPublished

Cited by1 cases

This text of 235 A.D.2d 207 (People v. Feliciano) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Feliciano, 235 A.D.2d 207, 697 N.Y.S.2d 842, 1997 N.Y. App. Div. LEXIS 31 (N.Y. Ct. App. 1997).

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Opinion

Judgment, Supreme Court, Bronx County (Phylis Skloot Bamberger, J.), rendered March 9, 1993, convicting defendant, after a jury trial, of murder in the second degree, burglary in the first degree, and hindering prosecution in the second and third degrees, and sentencing him to concurrent prison terms of 24 years to life, 8⅓ to 25 years, 1⅓ to 4 years, and 1 year, respectively, unanimously affirmed.

To the extent that defendant made no objections or made generalized objections, or sought no further relief after his objections were sustained, he has failed to preserve his current claim that he was deprived of a fair trial by the prosecutor’s allegedly sarcastic and derogatory comments during cross-examination and summation, and we decline to review it in the interest of justice. In any event, we find that defendant was not deprived of a fair trial. The prosecutor was entitled to comment on defendant’s intelligence, his demeanor, and whether he was manipulated by the police, in light of defendant’s testimony and comments made by defense counsel (see, People v Williams, 178 AD2d 145, lv denied 79 NY2d 954). We also note the overwhelming evidence of defendant’s guilt of the crimes of which he was convicted. Concur—Ellerin, J. P., Wallach, Williams, Tom and Andrias, JJ.

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Judgment, Supreme Court, Bronx County (Phylis Skloot Bamberger, J.), rendered March 9, 1993, convicting defendant, after a jury trial, of murder in the second degree, burglary in the first degree, and hindering prosecution in the second and third degrees, and sentencing him to concurrent prison terms of 24 years to life, 8⅓ to 25 years, 1⅓ to 4 years, and 1 year, respectively, unanimously affirmed.

To the extent that defendant made no objections or made generalized objections, or sought no further relief after his objections were sustained, he has failed to preserve his current claim that he was deprived of a fair trial by the prosecutor’s allegedly sarcastic and derogatory comments during cross-examination and summation, and we decline to review it in the interest of justice. In any event, we find that defendant was not deprived of a fair trial. The prosecutor was entitled to comment on defendant’s intelligence, his demeanor, and whether he was manipulated by the police, in light of defendant’s testimony and comments made by defense counsel (see, People v Williams, 178 AD2d 145, lv denied 79 NY2d 954). We also note the overwhelming evidence of defendant’s guilt of the crimes of which he was convicted. Concur—Ellerin, J. P., Wallach, Williams, Tom and Andrias, JJ.

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Bluebook (online)

235 A.D.2d 207, 697 N.Y.S.2d 842, 1997 N.Y. App. Div. LEXIS 31, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-feliciano-nyappdiv-1997.

Opinion

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