People v. Gruber

Appellate Division of the Supreme Court of New York

People v. Gruber

262 A.D.2d 146, 690 N.Y.S.2d 448, 1999 N.Y. App. Div. LEXIS 6716

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

DecidedJune 15, 1999

StatusPublished

This text of 262 A.D.2d 146 (People v. Gruber) 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. Gruber, 262 A.D.2d 146, 690 N.Y.S.2d 448, 1999 N.Y. App. Div. LEXIS 6716 (N.Y. Ct. App. 1999).

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Opinion

—Judgment, Supreme Court, New York County (Bernard Fried, J.), rendered August 19, 1993, convicting defendant, after a jury trial, of criminal possession of a forged instrument in the second degree and criminal possession of stolen property in the second degree, and sentencing him to concurrent terms of IV2 to 4V2 years, unanimously affirmed.

[147]*147By failing to object, by objecting on different grounds from those raised on appeal, and by failing to seek any further relief after objections were sustained and records were ordered redacted, defendant has not preserved his present claims concerning purported uncharged crimes and prior bad acts and we decline to review them in the interest of justice. Were we to review these claims, we would find that none of the challenged evidence actually involved uncharged crimes or bad acts (see, People v Flores, 210 AD2d 1, lv denied 84 NY2d 1031), and that the evidence provided relevant background information and completed the narrative of events. The challenged portions of the prosecutor’s summation were responsive to defense counsel’s summation and were fair comments on the evidence adduced at trial (see, People v Galloway, 54 NY2d 396). Concur — Sullivan, J. P., Rosenberger, Tom, Saxe and Buckley, JJ.

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—Judgment, Supreme Court, New York County (Bernard Fried, J.), rendered August 19, 1993, convicting defendant, after a jury trial, of criminal possession of a forged instrument in the second degree and criminal possession of stolen property in the second degree, and sentencing him to concurrent terms of IV2 to 4V2 years, unanimously affirmed.

[147]*147By failing to object, by objecting on different grounds from those raised on appeal, and by failing to seek any further relief after objections were sustained and records were ordered redacted, defendant has not preserved his present claims concerning purported uncharged crimes and prior bad acts and we decline to review them in the interest of justice. Were we to review these claims, we would find that none of the challenged evidence actually involved uncharged crimes or bad acts (see, People v Flores, 210 AD2d 1, lv denied 84 NY2d 1031), and that the evidence provided relevant background information and completed the narrative of events. The challenged portions of the prosecutor’s summation were responsive to defense counsel’s summation and were fair comments on the evidence adduced at trial (see, People v Galloway, 54 NY2d 396). Concur — Sullivan, J. P., Rosenberger, Tom, Saxe and Buckley, JJ.

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Bluebook (online)

262 A.D.2d 146, 690 N.Y.S.2d 448, 1999 N.Y. App. Div. LEXIS 6716, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gruber-nyappdiv-1999.

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