Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

PEOPLE v. DECESARE

Appellate Division of the Supreme Court of New York, Second Department.
Jul 1, 1985

Judgment affirmed.

The evidence adduced at trial, viewed in the light most favorable to the People ( People v. Malizia, 62 N.Y.2d 755, cert denied ___ US ___, 105 S Ct 327; People v. Benzinger, 36 N.Y.2d 29), is sufficient to sustain the conviction. Moreover, defendant's claim that he was deprived of a fair trial as a result of certain remarks made by the prosecutor during summation has not been preserved for review as a matter of law ( People v Santiago, 52 N.Y.2d 865; People v. Jalah, 107 A.D.2d 762; People v Thompson, 97 A.D.2d 554) and, in any event, lacks merit. Bracken, J.P., O'Connor, Rubin and Kunzeman, JJ., concur.