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People v. Moran

Appellate Division of the Supreme Court of New York, First Department
Oct 31, 1989
154 A.D.2d 322 (N.Y. App. Div. 1989)

Opinion

October 31, 1989

Appeal from the Supreme Court, Bronx County (Stephen Barrett, J.).


The only claim raised by defendant relates to purported vouching by the prosecutor during summation, when he said that the two complainants had "no motive to lie" and had testified to "exactly what had happened out there." Counsel never objected or otherwise drew the court's attention to these remarks, and has waived his claim for review as a matter of law (CPL 470.05; People v Love, 57 N.Y.2d 1023, 1025).

There is no reason to review in the interest of justice. Although it would have been better to preface the comments with qualifying language, the comments appropriately responded to defense counsel's comments, and the error is de minimis.

Concur — Kupferman, J.P., Carro, Asch, Rosenberger and Smith, JJ.


Summaries of

People v. Moran

Appellate Division of the Supreme Court of New York, First Department
Oct 31, 1989
154 A.D.2d 322 (N.Y. App. Div. 1989)
Case details for

People v. Moran

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. YANCY MORAN, Appellant

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

Date published: Oct 31, 1989

Citations

154 A.D.2d 322 (N.Y. App. Div. 1989)
546 N.Y.S.2d 611

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