From Casetext: Smarter Legal Research

People v. Jusino

Appellate Division of the Supreme Court of New York, Second Department
Feb 19, 1991
170 A.D.2d 622 (N.Y. App. Div. 1991)

Opinion

February 19, 1991

Appeal from the Supreme Court, Kings County (Broomer, J.).


Ordered that the judgment is affirmed.

None of the allegations of error raised by the defendant on appeal are preserved for appellate review. Only one was the subject of an objection at trial, but that was on a ground other than that asserted on appeal (see, People v Balls, 69 N.Y.2d 641; People v Dekle, 56 N.Y.2d 835) and the remainder drew no objections at all. Accordingly, none of the alleged errors presently complained of is properly raised as the trial court was never given an opportunity to correct these alleged errors (CPL 470.05; see, People v Udzinski, 146 A.D.2d 245). In any event, none of the contentions advanced on appeal would warrant reversal.

In this regard, we would merely note that the defendant's assertions that the trial court improperly interjected itself into the proceedings or conducted itself in a biased manner are clearly unfounded on this record. The trial court exhibited appropriate restraint (compare, People v Watts, 159 A.D.2d 740) and did nothing to improperly influence the jury's deliberations (see, People v Hernandez, 137 A.D.2d 560). Accordingly, even if the defendant had preserved these allegations by registering specific objections at trial (see, People v Charleston, 56 N.Y.2d 886), reversal would be unwarranted. Kooper, J.P., Sullivan, Miller and O'Brien, JJ., concur.


Summaries of

People v. Jusino

Appellate Division of the Supreme Court of New York, Second Department
Feb 19, 1991
170 A.D.2d 622 (N.Y. App. Div. 1991)
Case details for

People v. Jusino

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDRES JUSINO…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 19, 1991

Citations

170 A.D.2d 622 (N.Y. App. Div. 1991)
567 N.Y.S.2d 57

Citing Cases

People v. Mitchell

Ordered that the judgment is affirmed. The defendant's contention that he was denied a fair trial as a result…