People v. Rosario

Appellate Division of the Supreme Court of New York

People v. Rosario

223 A.D.2d 421, 636 N.Y.S.2d 1007, 1996 N.Y. App. Div. LEXIS 323

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

DecidedJanuary 18, 1996

StatusPublished

This text of 223 A.D.2d 421 (People v. Rosario) 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. Rosario, 223 A.D.2d 421, 636 N.Y.S.2d 1007, 1996 N.Y. App. Div. LEXIS 323 (N.Y. Ct. App. 1996).

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Opinion

Judgment, Supreme Court, Bronx County (Joseph Fisch, J.), rendered June 21, 1993, convicting defendant, after a jury triál, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.

The challenged questions that the prosecutor posed to defendant on cross-examination were proper. The court exercised its discretion appropriately in allowing them. The prosecutor "adequately demonstrated [her] good faith and possessed a sufficient basis for asking the challenged question[s]” (People v Kass, 25 NY2d 123, 126).

The objected-to portions of the prosecutor’s summation were fair comment on the evidence and responsive to defense counsel’s summation (People v Galloway, 54 NY2d 396). Concur—Ellerin, J. P., Rubin, Nardelli, Tom and Mazzarelli, JJ.

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Judgment, Supreme Court, Bronx County (Joseph Fisch, J.), rendered June 21, 1993, convicting defendant, after a jury triál, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.

The challenged questions that the prosecutor posed to defendant on cross-examination were proper. The court exercised its discretion appropriately in allowing them. The prosecutor "adequately demonstrated [her] good faith and possessed a sufficient basis for asking the challenged question[s]” (People v Kass, 25 NY2d 123, 126).

The objected-to portions of the prosecutor’s summation were fair comment on the evidence and responsive to defense counsel’s summation (People v Galloway, 54 NY2d 396). Concur—Ellerin, J. P., Rubin, Nardelli, Tom and Mazzarelli, JJ.

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Bluebook (online)

223 A.D.2d 421, 636 N.Y.S.2d 1007, 1996 N.Y. App. Div. LEXIS 323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rosario-nyappdiv-1996.

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