People v. Figueroa

Appellate Division of the Supreme Court of New York

People v. Figueroa

158 A.D.2d 308, 550 N.Y.S.2d 714, 1990 N.Y. App. Div. LEXIS 1073

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

DecidedFebruary 6, 1990

StatusPublished

This text of 158 A.D.2d 308 (People v. Figueroa) 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. Figueroa, 158 A.D.2d 308, 550 N.Y.S.2d 714, 1990 N.Y. App. Div. LEXIS 1073 (N.Y. Ct. App. 1990).

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Opinion

Defendant’s claim that the prosecutor’s summation constituted prosecutorial misconduct is not preserved for appellate review and we decline to reach it in the interest of justice. Were we to consider it, we would conclude that if the prosecutor’s comments, emphasizing as they did defendant’s failure to contradict the testimony of the People’s witnesses, violated defendant’s privilege against self-incrimination by drawing attention to his not having taken the stand, the misconduct was harmless in view of the overwhelming evidence of guilt (People v Crimmins, 36 NY2d 230). Nor is there merit to defendant’s contention that the prosecutor improperly vouched for the credibility of one of his witnesses. The comments in question were a fair response to comments made by defense counsel attacking the credibility of the witness (see, People v Colonna, 135 AD2d 724). Concur—Kupferman, J. P., Milonas, Kassal, Wallach and Rubin, JJ.

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Defendant’s claim that the prosecutor’s summation constituted prosecutorial misconduct is not preserved for appellate review and we decline to reach it in the interest of justice. Were we to consider it, we would conclude that if the prosecutor’s comments, emphasizing as they did defendant’s failure to contradict the testimony of the People’s witnesses, violated defendant’s privilege against self-incrimination by drawing attention to his not having taken the stand, the misconduct was harmless in view of the overwhelming evidence of guilt (People v Crimmins, 36 NY2d 230). Nor is there merit to defendant’s contention that the prosecutor improperly vouched for the credibility of one of his witnesses. The comments in question were a fair response to comments made by defense counsel attacking the credibility of the witness (see, People v Colonna, 135 AD2d 724). Concur—Kupferman, J. P., Milonas, Kassal, Wallach and Rubin, JJ.

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Bluebook (online)

158 A.D.2d 308, 550 N.Y.S.2d 714, 1990 N.Y. App. Div. LEXIS 1073, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-figueroa-nyappdiv-1990.

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