People v. Rosemond

Decision Date23 January 1987
Citation126 A.D.2d 962,511 N.Y.S.2d 736
PartiesPEOPLE of the State of New York, Respondent, v. Wayne D. ROSEMOND, Appellant.
CourtNew York Supreme Court — Appellate Division

Gerald T. Barth by Theodore Stenuf, Syracuse, for appellant.

Richard Hennessy by Maureen MacPherson, Syracuse, for respondent.

Before DILLON, P.J., and CALLAHAN, BOOMER, GREEN and LAWTON, JJ.

MEMORANDUM:

We have reviewed all the issues presented on appeal and find them to be without merit. Among the issues raised, defendant contends that the prosecutor made prejudicial remarks during his summation. As there was no objection made by defense counsel during the summation, the alleged prejudicial statements were not preserved for appellate review (People v. Balls, 69 N.Y.2d 641, 511 N.Y.S.2d 586, 503 N.E.2d 1017). In any event, the remarks were not a part of a pervasive pattern of misconduct, and defendant was not thereby deprived of his right to a fair trial (People v. Galloway, 54 N.Y.2d 396, 446 N.Y.S.2d 9, 430 N.E.2d 885; People v. Demming, 116 A.D.2d 886, 498 N.Y.S.2d 203).

Judgment unanimously affirmed.

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  • De Vito v. Katsch
    • United States
    • New York Supreme Court — Appellate Division
    • 29 Mayo 1990
    ... ... § 388(1) ]; People v. Brown, 158 A.D.2d 461, 550 N.Y.S.2d 913; Matter of Mortillaro v. Posner, 147 A.D.2d 701, 538 N.Y.S.2d 311), and non-waivable (People v. Klein, 7 ... ...
  • People v. Dawkins
    • United States
    • New York Supreme Court — Appellate Division
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  • People v. Mitchell
    • United States
    • New York Supreme Court — Appellate Division
    • 15 Noviembre 1989
    ...104 A.D.2d 695, 480 N.Y.S.2d 579). The claimed instances of prosecutorial misconduct do not warrant reversal (see, People v. Rosemond, 126 A.D.2d 962, 511 N.Y.S.2d 736, lv. denied 69 N.Y.2d 886, 515 N.Y.S.2d 1034, 507 N.E.2d 1104; People v. Mott, 94 A.D.2d 415, 465 N.Y.S.2d 307). The summat......
  • People v. Dunn
    • United States
    • New York Supreme Court — Appellate Division
    • 2 Febrero 1990
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