People v. Fuller

Appellate Division of the Supreme Court of New York

People v. Fuller

158 A.D.2d 283, 551 N.Y.S.2d 819, 1990 N.Y. App. Div. LEXIS 872

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

DecidedFebruary 1, 1990

StatusPublished

This text of 158 A.D.2d 283 (People v. Fuller) 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. Fuller, 158 A.D.2d 283, 551 N.Y.S.2d 819, 1990 N.Y. App. Div. LEXIS 872 (N.Y. Ct. App. 1990).

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Opinion

[284]*284The defendant’s claim that the prosecutor’s summation and the court’s charge deprived him of a fair trial are unpreserved (CPL 470.05 [2]). The defendant did not object to the prosecutor’s argument that the eyewitness and the police officer who testified had no motive to fabricate. In any event, were we to consider the claim on the merits, in the interests of justice, we would find that the prosecutor did not offer himself as an unsworn witness (People v Lovello, 1 NY2d 436). Similarly, were we to reach defendant’s claim that the court erroneously converted the reasonable doubt standard from a subjective one to an objective one, we would reject it as without merit (People v Quinones, 123 AD2d 793). Concur— Sullivan, J. P., Ross, Rosenberger, Kassal and Wallach, JJ.

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[284]*284The defendant’s claim that the prosecutor’s summation and the court’s charge deprived him of a fair trial are unpreserved (CPL 470.05 [2]). The defendant did not object to the prosecutor’s argument that the eyewitness and the police officer who testified had no motive to fabricate. In any event, were we to consider the claim on the merits, in the interests of justice, we would find that the prosecutor did not offer himself as an unsworn witness (People v Lovello, 1 NY2d 436). Similarly, were we to reach defendant’s claim that the court erroneously converted the reasonable doubt standard from a subjective one to an objective one, we would reject it as without merit (People v Quinones, 123 AD2d 793). Concur— Sullivan, J. P., Ross, Rosenberger, Kassal and Wallach, JJ.

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Bluebook (online)

158 A.D.2d 283, 551 N.Y.S.2d 819, 1990 N.Y. App. Div. LEXIS 872, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fuller-nyappdiv-1990.

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