People v. Quintero

Appellate Division of the Supreme Court of New York

People v. Quintero

158 A.D.2d 294, 551 N.Y.S.2d 821, 1990 N.Y. App. Div. LEXIS 1080

Appellate Division of the Supreme Court of the State of New York·Decided February 6, 1990·Published

Opinion

Defendant’s challenge to the supplemental instruction, as well as defendant’s claims with respect to the prosecutor’s summation comments, are unpreserved as a matter of law (see, People v Atkinson, 141 AD2d 743 [2d Dept 1988]). Nor is there any indication that, with respect to the instruction, the court failed to comply with CPL 310.30 (see, People v Malloy, 55 NY2d 296, 301 [1982]) so as to warrant review in the interest of justice. Nor are the summation comments, although waived for review, so egregious as to have cumulatively denied defendant a fair trial warranting review in the interest of justice. Concur—Murphy, P. J., Sullivan, Ross, Asch and Smith, JJ.

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Defendant’s challenge to the supplemental instruction, as well as defendant’s claims with respect to the prosecutor’s summation comments, are unpreserved as a matter of law (see, People v Atkinson, 141 AD2d 743 [2d Dept 1988]). Nor is there any indication that, with respect to the instruction, the court failed to comply with CPL 310.30 (see, People v Malloy, 55 NY2d 296, 301 [1982]) so as to warrant review in the interest of justice. Nor are the summation comments, although waived for review, so egregious as to have cumulatively denied defendant a fair trial warranting review in the interest of justice. Concur—Murphy, P. J., Sullivan, Ross, Asch and Smith, JJ.

People v. Quintero, 158 A.D.2d 294, 551 N.Y.S.2d 821, 1990 N.Y. App. Div. LEXIS 1080 (N.Y. Ct. App. 1990).

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Opinion

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