People v. Valerio-Reyes

Appellate Division of the Supreme Court of New York

People v. Valerio-Reyes

198 A.D.2d 316, 604 N.Y.S.2d 815

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

DecidedNovember 8, 1993

StatusPublished

This text of 198 A.D.2d 316 (People v. Valerio-Reyes) 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. Valerio-Reyes, 198 A.D.2d 316, 604 N.Y.S.2d 815 (N.Y. Ct. App. 1993).

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Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Sherman, J.), rendered February 4, 1991, convicting him of attempted robbery in the second degree under Indictment No. 178/90, upon a jury verdict, and imposing sentence, and an amended judgment of the same court, also rendered February 4, 1991, revoking a sentence of probation previously imposed by the same court (Clabby, J.), upon his admission, and imposing a term of imprisonment upon his prior conviction of reckless endangerment in the first degree, operating a motor vehicle while intoxicated (two counts), criminal mischief in the fourth degree, and reckless driving, under Indictment No. 5845/88.

Ordered that the judgment and amended judgment are affirmed.

The defendant contends that he was deprived of a fair trial under Indictment No. 178/90 by the prosecutor’s comments during summation. However, the issue is unpreserved for appellate review. In any event, we find that the prosecutor’s comments were a fair response to the defense summation (see, People v Rivera, 171 AD2d 583; People v Colon, 122 AD2d 151).

Since the appeal from the judgment is affirmed, the appeal from the amended judgment must also be affirmed (cf., People [317]*317v Clark, 45 NY2d 432). Lawrence, J. P., Eiber, O’Brien and Santucci, JJ., concur.

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—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Sherman, J.), rendered February 4, 1991, convicting him of attempted robbery in the second degree under Indictment No. 178/90, upon a jury verdict, and imposing sentence, and an amended judgment of the same court, also rendered February 4, 1991, revoking a sentence of probation previously imposed by the same court (Clabby, J.), upon his admission, and imposing a term of imprisonment upon his prior conviction of reckless endangerment in the first degree, operating a motor vehicle while intoxicated (two counts), criminal mischief in the fourth degree, and reckless driving, under Indictment No. 5845/88.

Ordered that the judgment and amended judgment are affirmed.

The defendant contends that he was deprived of a fair trial under Indictment No. 178/90 by the prosecutor’s comments during summation. However, the issue is unpreserved for appellate review. In any event, we find that the prosecutor’s comments were a fair response to the defense summation (see, People v Rivera, 171 AD2d 583; People v Colon, 122 AD2d 151).

Since the appeal from the judgment is affirmed, the appeal from the amended judgment must also be affirmed (cf., People [317]*317v Clark, 45 NY2d 432). Lawrence, J. P., Eiber, O’Brien and Santucci, JJ., concur.

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198 A.D.2d 316, 604 N.Y.S.2d 815, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-valerio-reyes-nyappdiv-1993.

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