AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM FERGUSON, Also Known as CLIFFORD DAIS, Appellant.

By failing to make specific objections to the challenged comments of the prosecutor during summation ( see, People v. Balls, 69 N.Y.2d 641), or by failing to request further relief when those objections that were lodged were sustained by the court, which also provided curative instructions ( see, People v. Medina, 53 N.Y.2d 951), defendant's claims have not been preserved for appellate review as a matter of law and we decline to review them in the interest of justice. Were we to review them, we would find that "the summation, viewed as a whole and in the context of the relatively uncomplicated nature of this case, may not be characterized as frustrating the jury in reaching a fair and proper determination on the factual issues based solely upon the evidence" ( People v. Alston, 52 A.D.2d 817). This is particularly the case here given the repeated curative instructions provided by the court.

Concur — Milonas, J.P., Wallach, Williams, Tom and Mazzarelli, JJ.

Use AI to get other relevant cases.

Comments

PEOPLE v. FERGUSON
(Oct 14, 1997)