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. DERRICK NEWTON, Appellant.

Defendant's failure to object during the prosecutor's summation renders his present claim unpreserved for appellate review (People v. Balls, 69 N.Y.2d 641), and we decline to review it in the interest of justice. Were we to review it, we would find that the prosecutor's statement that defendant's testimony was not credible was fair comment on the inconsistencies in defendant's testimony, and fair response to defense counsel's summation attacking the People's witnesses; that the prosecutor's statement that the medical testimony was "hocus pocus" was not directed at defendant's expert witness or otherwise at the defense presented, but at medical terminology in general; and that the prosecutor's statement that the expert's attempts to explain inconsistencies was "mumbo jumbo", while better left unsaid, was not prejudicial to defendant in that it was a one-time occurrence and not a persistent theme of the summation ( see, People v. Grant, 162 A.D.2d 287, lv denied 76 N.Y.2d 893).

Concur — Murphy, P.J., Milonas, Wallach, Ross and Nardelli, JJ.

Use AI to get other relevant cases.

Comments

PEOPLE v. NEWTON
(Jun 20, 1996)