People v. Utley
| Decision Date | 26 October 1978 |
| Citation | 45 N.Y.2d 908,383 N.E.2d 558,411 N.Y.S.2d 6 |
| Parties | , 383 N.E.2d 558 The PEOPLE of the State of New York, Respondent, v. James UTLEY, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division should be affirmed.
No objection having been taken to the remarks in the prosecutor's summation that have been raised on this appeal, including the comments expressing confidence in the truthfulness of the police officers, they are not preserved for review in this court (CPL 470.05, subd. 2). The unanswered question put to the Trial Judge on this subject, without more, is hardly to be construed as a request to charge. Especially is this so because at the conclusion of the charge, which included no such instruction but did correctly enunciate many of the principles that might have aided the jury in judging the truthfulness of any witness' testimony, defense counsel specifically informed the Trial Judge that he had no requests and no exceptions (see People v. Cicchetti, 44 N.Y.2d 803, 805, 406 N.Y.S.2d 285, 287, 377 N.E.2d 739, 740; People v. Robinson, 36 N.Y.2d 224, 226, 228, 367 N.Y.S.2d 208, 210, 326 N.E.2d 784, 786).
Order affirmed in a memorandum.
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...which he did object. Accordingly, the issue of prosecutorial misconduct is not preserved for our review (see, People v. Utley, 45 N.Y.2d 908, 910, 411 N.Y.S.2d 6, 383 N.E.2d 558), and we decline to reverse on that basis in the interest of justice since the evidence of defendant's guilt was ......
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...prosecutorial misconduct is unpreserved for review since defendant failed to object during the summation (People v. Utley, 45 N.Y.2d 908, 411 N.Y.S.2d 6, 383 N.E.2d 558 [1978] ; People v. Patterson, 121 A.D.2d 406, 502 N.Y.S.2d 806 [2d Dept.1986], lv. denied 68 N.Y.2d 759, 506 N.Y.S.2d 1047......
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