People v. Moran
| Decision Date | 31 October 1989 |
| Citation | 154 A.D.2d 322,546 N.Y.S.2d 611 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Yancy MORAN, Defendant-Appellant. |
| Court | New York Supreme Court — Appellate Division |
A.D. Grande, Spring Valley, for respondent.
I. Hurwitz, New York City, for defendant-appellant.
Before KUPFERMAN, J.P., and CARRO, ASCH, ROSENBERGER and SMITH, JJ.
Judgment, Supreme Court, Bronx County (Stephen Barrett, J.), rendered June 1, 1988, convicting defendant, upon a jury's verdict, of robbery in the first degree (P.L. 160.15(3)), robbery in the second degree (P.L. 160.10(2)(a)), and criminal possession of a weapon in the fourth degree (P.L. 265.01(2)), unanimously affirmed.
The only claim raised by defendant relates to purported vouching by the prosecutor during summation, when he said that the two complainants had "no motive to lie" and had testified to "exactly what had happened out there." Counsel never objected or otherwise drew the court's attention to these remarks, and has waived his claim for review as a matter of law (CPL 470.05(2); People v. Love, 57 N.Y.2d 1023, 1025, 457 N.Y.S.2d 474, 443 N.E.2d 948 (1982)).
There is no reason to review in the interest of justice. Although it would have been better to preface the comments with qualifying language, the commentsappropriately responded to defense counsel's comments, and the error is de minimis.
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People v. Wrigglesworth
...complaints about the summation were not preserved for appellate review and any error was de minimis at best (see, People v. Moran, 154 A.D.2d 322, 546 N.Y.S.2d 611). Nor do we find merit in defendant's contention that the People's rebuttal evidence was improper. Defendant affirmatively rais......
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People v. Vargas
...and directly responsive to defense counsel's summation. (See, People v. Bailey, 155 A.D.2d 262, 547 N.Y.S.2d 28; People v. Moran, 154 A.D.2d 322, 546 N.Y.S.2d 611.) In addition, an examination of the court's charge reveals that the court adequately conveyed the concept of reasonable doubt. ......
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People v. Footman
...the defense argument that the entire case was manufactured, as was the argument that the officers had told the truth. (People v. Moran, 154 A.D.2d 322, 546 N.Y.S.2d 611). Defendant's remaining contention that the court's charge was deficient is ...
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People v. Morris
...responsive to the arguments made by defense counsel on summation (People v. Bailey, 155 A.D.2d 262, 547 N.Y.S.2d 28; People v. Moran, 154 A.D.2d 322, 546 N.Y.S.2d 611). Moreover, if the prosecutor's comments were error, we would find them harmless in view of the overwhelming evidence of gui......