People v. Oakley

Decision Date21 October 1985
Citation114 A.D.2d 473,494 N.Y.S.2d 383
PartiesThe PEOPLE, etc., Respondent, v. Osee OAKLEY, Appellant.
CourtNew York Supreme Court — Appellate Division

George T. Dunn, New York City, for appellant.

Elizabeth Holtzman, Dist. Atty., Brooklyn (Barbara D. Underwood and Janet M. Berk, of counsel; Linda Gerstel Feder, on brief), for respondent.

Before BRACKEN, J.P., and WEINSTEIN, KUNZEMAN and KOOPER, JJ.

MEMORANDUM BY THE COURT.

Appeal by defendant from a judgment of the Supreme Court, Kings County (Fuchs, J.), rendered March 11, 1983, convicting him of criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

Since defendant did not object to any of the comments made by the prosecutor at the trial, no error of law was preserved for appellate review (see, People v. Medina, 53 N.Y.2d 951, 441 N.Y.S.2d 442, 424 N.E.2d 276). In any event, there was not such misconduct as to deny defendant a fair trial. The remark concerning the witness's lack of motivation to lie was a proper comment on his credibility, which was at issue in the trial (see, People v. Ashwal, 39 N.Y.2d 105, 38 N.Y.S.2d 204, 347 N.E.2d 564). Nor was it improper to tell the jury that the prosecutor did not know the whereabouts of a potential witness since several times in his summation defense counsel had referred to the failure to call her (see, People v. Marks, 6 N.Y.2d 67, 188 N.Y.S.2d 465, 160 N.E.2d 26, cert. denied 362 U.S. 912, 80 S.Ct. 662, 4 L.Ed.2d 620). The other comments were not so prejudicial as to cause the trial to be unfair, especially in light of the overwhelming evidence against defendant (cf. People v. Galloway, 54 N.Y.2d 396, 446 N.Y.S.2d 9, 430 N.E.2d 885).

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31 cases
  • People v. Tabora
    • United States
    • New York Supreme Court — Appellate Division
    • 4 Abril 1988
    ...improper, did not deprive the defendant of a fair trial in light of the overwhelming evidence of guilt ( see, People v. Oakley, 114 A.D.2d 473, 494 N.Y.S.2d 383, lv. denied 66 N.Y.2d 921, 498 N.Y.S.2d 1036, 489 N.E.2d The defendant also challenges on appeal the court's Rosario ruling respec......
  • People v. Marchese
    • United States
    • New York Supreme Court — Appellate Division
    • 16 Mayo 1988
    ...witness is unpreserved for appellate review ( see, People v. Medina, 53 N.Y.2d 951, 441 N.Y.S.2d 442, 424 N.E.2d 276; People v. Oakley, 114 A.D.2d 473, 494 N.Y.S.2d 383, lv. denied 66 N.Y.2d 921, 498 N.Y.S.2d 1036, 489 N.E.2d 781). In any event, by exhorting the jury to consider certain rat......
  • People v. Conethan
    • United States
    • New York Supreme Court — Appellate Division
    • 21 Febrero 1989
    ...a fair trial by virtue of the prosecutor's comment (People v. Ashwal, 39 N.Y.2d 105, 383 N.Y.S.2d 204, 347 N.E.2d 564; People v. Oakley, 114 A.D.2d 473, 494 N.Y.S.2d 383, lv. denied 66 N.Y.2d 921, 498 N.Y.S.2d 1036, 489 N.E.2d ...
  • People v. Rawlings
    • United States
    • New York Supreme Court — Appellate Division
    • 14 Noviembre 1988
    ...697; People v. Gavins, 118 A.D.2d 582, 499 N.Y.S.2d 442, lv. denied 67 N.Y.2d 1052, 504 N.Y.S.2d 1028, 495 N.E.2d 361; People v. Oakley, 114 A.D.2d 473, 494 N.Y.S.2d 383, lv. denied 66 N.Y.2d 921, 498 N.Y.S.2d 1036, 489 N.E.2d We do not believe that the trial court improperly sentenced the ......
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