People v. Laguer

• Citation: 652 N.Y.S.2d 998,235 A.D.2d 495
• Parties: The PEOPLE, etc., Respondent, v. Gemil LAGUER, Appellant.
• Decision Date: 21 January 1997
• Court: New York Supreme Court — Appellate Division

Page 998

652 N.Y.S.2d 998

235 A.D.2d 495

The PEOPLE, etc., Respondent, v. Gemil LAGUER, Appellant.

Supreme Court of New York, Appellate Division, Second Department.

Jan. 21, 1997.

Daniel L. Greenberg, New York City (Proskauer Rose Goetz & Mendelsohn, L.L.P., New York City [Thomas D. Lynn and William E. Hellerstein], of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn (Roseann B. MacKechnie, Jodi L. Mandel, and Kelly D. Talcott, of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Jones, J.), rendered April 11, 1995, convicting him of robbery in the second degree and criminal possession of stolen property in the third degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's claim that he was deprived of a fair trial because of the remarks made by the prosecutor during summation was not preserved for appellate review by his belated motion for a mistrial (see, People v. Narayan, 54 N.Y.2d 106, 113-114, 444 N.Y.S.2d 604, 429 N.E.2d 123; People v. Maschi, 49 N.Y.2d 784, 786, 426 N.Y.S.2d 727, 403 N.E.2d 449; People v. Johnson, 210 A.D.2d 174, 620 N.Y.S.2d 960). In any event, consideration of this issue is not possible as it would require review of material which is dehors the record (see, People v. Bux, 144 A.D.2d 683, 683-684, 535 N.Y.S.2d 45; People v. Mosca, 131 A.D.2d 704, 517 N.Y.S.2d 33).

The defendant's contention that the court's charge violated People v. Antommarchi, 80 N.Y.2d 247, 251-252, 590 N.Y.S.2d 33, 604 N.E.2d 95 and shifted the burden of proof, is also not preserved for appellate review (see, People v. Jackson, 76 N.Y.2d 908, 909, 563 N.Y.S.2d 42, 564 N.E.2d 652; People v. Contes, 60 N.Y.2d 620, 621, 467 N.Y.S.2d 349, 454 N.E.2d 932; People v. Thomas, 210 A.D.2d 10, 618 N.Y.S.2d 805; People v. Uraca, 195 A.D.2d 377, 600 N.Y.S.2d 458).

The defendant's remaining contentions are unpreserved for appellate review and we decline to reach them in the exercise of our interests of justice jurisdiction.

O'BRIEN, J.P., and FLORIO, McGINITY and LUCIANO, JJ., concur.