People v. Rodriguez

225 A.D.2d 564, 639 N.Y.2d 725, 639 N.Y.S.2d 725, 1996 N.Y. App. Div. LEXIS 1853

Opinion

The defendant’s contentions regarding the prosecutor’s summation at the trial under Indictment No. 1060/86 are, in part, unpreserved for appellate review and, in any event, all are without merit.

Because the trial court repeatedly recited that the People must prove the defendant’s guilt beyond a reasonable doubt, the charge as a whole conveyed the proper standard of proof (see, People v Talk Kwung, 186 AD2d 365).

In view of our determination with respect to the defendant’s judgment of conviction under Indictment No. 1060/86, upon a jury verdict, there is no basis for vacatur of his plea under Indictment No. 807/80 (cf., People v Clark, 45 NY2d 432). Mangano, P. J., Bracken, Copertino and Pizzuto, JJ., concur.