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People v. Munoz

Appellate Division of the Supreme Court of New York, Second Department
Jun 24, 1985
111 A.D.2d 936 (N.Y. App. Div. 1985)

Opinion

June 24, 1985

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


Judgment affirmed.

Defendant contends that improper conduct on the part of the prosecution deprived him of a fair trial. We find that any remote chance of prejudice from the improper introduction of evidence from which an inference of flight could have been drawn was adequately cured by the trial court's ruling which permitted defendant to introduce prosecution records which countered the inference. Indeed the record introduced by defense counsel accrued to defendant's benefit as it directly, explicitly and persuasively rebutted the inference to be drawn from the People's evidence and damaged their credibility. Defendant did not object to the court's ruling, nor move for a mistrial. Accordingly, the ruling "must be deemed to have corrected the error to the defendant's satisfaction" ( People v. Williams, 46 N.Y.2d 1070, 1071).

We find that the prosecutor's comments during summation impeaching defendant's credibility were proper ( see, People v Savage, 50 N.Y.2d 673, cert denied 449 U.S. 1016), and within the four corners of the evidence.

While we strongly disapprove of certain questions posed to defendant's character witness, defense counsel's objections were sustained by the trial court, and reversal is not warranted ( see, People v. Lopez, 67 A.D.2d 624, cert denied 444 U.S. 827). We have considered defendant's remaining contention and find it to be without merit. Gibbons, J.P., Thompson, Weinstein and Lawrence, JJ., concur.


Summaries of

People v. Munoz

Appellate Division of the Supreme Court of New York, Second Department
Jun 24, 1985
111 A.D.2d 936 (N.Y. App. Div. 1985)
Case details for

People v. Munoz

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUIS MUNOZ, Appellant

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

Date published: Jun 24, 1985

Citations

111 A.D.2d 936 (N.Y. App. Div. 1985)

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