People v. Lastra

Appellate Division of the Supreme Court of New York

People v. Lastra

172 A.D.2d 412, 570 N.Y.S.2d 913, 1991 N.Y. App. Div. LEXIS 4989

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

DecidedApril 25, 1991

StatusPublished

This text of 172 A.D.2d 412 (People v. Lastra) 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. Lastra, 172 A.D.2d 412, 570 N.Y.S.2d 913, 1991 N.Y. App. Div. LEXIS 4989 (N.Y. Ct. App. 1991).

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Opinion

Judgment, Supreme Court, New York County (Angela Mazzarrelli, J.) rendered August 17, 1989, convicting defendant after a jury trial of criminal sale of a controlled substance in the third degree and sentencing defendant as a second felony offender to an indeterminate term of imprisonment of from 5 to 10 years, unanimously affirmed.

Any possibility that the prosecutor’s summation shifted the burden of proof was negated by the trial court’s subsequent instructions to the jury. Moreover, the summation, when evaluated as a whole, cannot be said to have deprived defendant of his right to a fair trial (see, People v Higgins, 88 AD2d 921). Concur—Sullivan, J. P., Carro, Rosenberger, Kupferman and Rubin, JJ.

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Judgment, Supreme Court, New York County (Angela Mazzarrelli, J.) rendered August 17, 1989, convicting defendant after a jury trial of criminal sale of a controlled substance in the third degree and sentencing defendant as a second felony offender to an indeterminate term of imprisonment of from 5 to 10 years, unanimously affirmed.

Any possibility that the prosecutor’s summation shifted the burden of proof was negated by the trial court’s subsequent instructions to the jury. Moreover, the summation, when evaluated as a whole, cannot be said to have deprived defendant of his right to a fair trial (see, People v Higgins, 88 AD2d 921). Concur—Sullivan, J. P., Carro, Rosenberger, Kupferman and Rubin, JJ.

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Bluebook (online)

172 A.D.2d 412, 570 N.Y.S.2d 913, 1991 N.Y. App. Div. LEXIS 4989, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lastra-nyappdiv-1991.

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