Opinion

People v. Brown

  • 155 A.D.2d 928
  • 549 N.Y.S.2d 614
  • 1989 N.Y. App. Div. LEXIS 14781
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Nov 15, 1989
Status
Published
Cited by
0 cases
Authority
More cited than 1.9%

The opinion

— Judgment unanimously affirmed. Memorandum: Defendant contends that his conviction of murder in the second degree (Penal Law § 125.25 [1]) was against the weight of the evidence. Upon the exercise of our factual review powers, we find no basis to conclude that the jury did not properly give the evidence the weight it should be accorded in reaching its verdict (see, People v Bleakley, 69 NY2d 490, 495 ). Defendant further contends that prosecutorial misconduct mandates reversal. While the record shows instances where the prosecutor acted overzealously and improperly bolstered or vouched for his witnesses, no objections were made by defense counsel and, therefore, these errors have not been preserved for our review (see, CPL 470.05 [2]; People v McCormick, 100 AD2d 723 ). Because these isolated incidents did not deprive defendant of a fair trial, we decline to exercise our discretion in the interest of justice (see, CPL 470.15 [6] [a]; People v Galloway, 54 NY2d 396 ).

We have reviewed defendant’s remaining contentions and find them to be without merit. (Appeal from judgment of Supreme Court, Monroe County, Doyle, J. — murder, second degree.) Present — Dillon, P. J., Callahan, Balio, Lawton and Davis, JJ.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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