People v. Anderson
Decision Date | 19 August 2008 |
Citation | 894 N.E.2d 656,864 N.Y.S.2d 392,11 N.Y.3d 733 |
Parties | PEOPLE v. ANDERSON. |
Court | New York Court of Appeals Court of Appeals |
Appeal from 4th Dept.: 52 A.D.3d 1320, 859 N.Y.S.2d 852 (Jefferson).
Application for Leave to Criminal Appeal Denied. (Ciparick, J.).
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People v. Doll
... ... Romero, 7 N.Y.3d 911, 912, 828 N.Y.S.2d 274, 861 N.E.2d 89). In any event, that contention lacks merit inasmuch as the allegedly improper comments by the prosecutor were fair comment on the evidence ( see People v. Anderson, 52 A.D.3d 1320, 1321, 859 N.Y.S.2d 852, lv. denied 11 N.Y.3d 733, 864 N.Y.S.2d 392, 894 N.E.2d 656; People v. Coleman, 32 A.D.3d 1239, 1240, 821 N.Y.S.2d 316, lv. denied 8 N.Y.3d 844, 830 N.Y.S.2d 703, 862 N.E.2d 795). Furthermore, even assuming, arguendo, that any of the comments were improper, ... ...
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People v. Kims
... ... Mendoza, 82 N.Y.2d 415, 428, 604 N.Y.S.2d 922, 624 N.E.2d 1017), we conclude that he thereafter abandoned them ( see People v. Adams, 90 A.D.3d 1508, 1509, 936 N.Y.S.2d 406,lv. denied18 N.Y.3d 954, 944 N.Y.S.2d 483, 967 N.E.2d 708;People v. Anderson, 52 A.D.3d 1320, 13201321, 859 N.Y.S.2d 852,lv. denied11 N.Y.3d 733, 864 N.Y.S.2d 392, 894 N.E.2d 656). Defendant's further contention in his pro se supplemental brief that he was denied his right of confrontation with respect to the testimony of a police detective is unpreserved for our review ( ... ...
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People v. Wright
... ... Nix, 78 A.D.3d 1698, 1699, 912 N.Y.S.2d 832,lv. denied16 N.Y.3d 799, 919 N.Y.S.2d 515, 944 N.E.2d 1155,cert. denied U.S. , 132 S.Ct. 157, 181 L.Ed.2d 72;People v. Anderson, 52 A.D.3d 1320, 13201321, 859 N.Y.S.2d 852,lv. denied11 N.Y.3d 733, 864 N.Y.S.2d 392, 894 N.E.2d 656). Even assuming, arguendo, that defendant was in custody when he made one or more of his prearrest statements, we conclude that the statements were made pursuant to valid waivers of his Miranda ... ...
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