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People v. Miner

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 3, 1997
241 A.D.2d 918 (N.Y. App. Div. 1997)

Opinion

July 3, 1997

Present — Denman, P. J., Pine, Doerr, Balio and Boehm, JJ.


Judgment unanimously affirmed. Memorandum: There is no merit to defendant's argument that the jury's verdict is repugnant. The fact that the jury did not believe that defendant possessed a knife does not negate the forcible compulsion element of rape and sexual abuse in the first degree (see, People v. Goodfriend, 100 A.D.2d 781, 781-782, affd 64 N.Y.2d 695). Defendant argues that he was denied a fair trial by prosecutorial misconduct. County Court sustained defendant's objection to each instance of alleged misconduct, and defendant did not request further curative instruction or move for a mistrial. "Thus, the court `must be deemed to have corrected the error to defendant's satisfaction"' (People v. Balkum, 233 A.D.2d 929, 930, quoting People v. Williams, 46 N.Y.2d 1070, 1071). In any event, the conduct of the prosecutor was not so egregious as to deprive defendant of a fair trial (see, People v. Curley, 159 A.D.2d 969, 970, lv denied 76 N.Y.2d 733). (Appeal from Judgment of Onondaga County Court, Mulroy, J. — Rape, 1st Degree.)


Summaries of

People v. Miner

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 3, 1997
241 A.D.2d 918 (N.Y. App. Div. 1997)
Case details for

People v. Miner

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HOWARD MINER, Appellant

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

Date published: Jul 3, 1997

Citations

241 A.D.2d 918 (N.Y. App. Div. 1997)
661 N.Y.S.2d 395

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