AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

THE PEOPLE, ETC., respondent, v. ANDREW CLEMMINGS, appellant.

DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that certain comments made by the prosecutor constituted reversible error is unpreserved for appellate review. The defense counsel either failed to make specific and timely objections (see CPL 470.05; People v. Woods, 296 A.D.2d 430, lv denied 98 N.Y.2d 715; People v. Hilliard, 279 A.D.2d 590), or in those instances where the trial court sustained the defense counsel's objections, counsel made no further requests for curative jury instructions nor moved for a mistrial (see People v. Medina, 53 N.Y.2d 951; People v. Woods, supra; People v. Hernandez, 258 A.D.2d 666; People v. Stevens, 218 A.D.2d 678). In any event, the majority of the prosecutor's comments were within the bounds of permissible rhetorical comment (see e.g. People v. Galloway, 54 N.Y.2d 396), or were a fair response to the statements contained in the defense counsel's summation (see People v. Halm, 81 N.Y.2d 819; People v. Pope, 253 A.D.2d 443; People v. Davis, 223 A.D.2d 652; People v. Elliot, 216 A.D.2d 576).

RITTER, J.P., LUCIANO, COZIER and RIVERA, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. CLEMMINGS
(Dec 30, 2002)