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People v. Perdomo

Appellate Division of the Supreme Court of New York, First Department
May 10, 1994
204 A.D.2d 128 (N.Y. App. Div. 1994)

Opinion

May 10, 1994

Appeal from the Supreme Court, Bronx County (Vincent Vitale, J.).


Since defendant failed to raise any further objection or request a mistrial following the court's prompt curative instruction as to certain hearsay testimony, the instruction must be deemed to have corrected the error to defendant's satisfaction (People v. Williams, 46 N.Y.2d 1070).

Defendant did not request that the trial court include in its charge the specific language he now cites (People v. Acevedo, 181 A.D.2d 596, 597, lv denied 79 N.Y.2d 1045), and his subsequent exception did not alert the court to his current claim that, by failing to give this additional charge, he was denied his right to a fair trial (People v. Jackson, 76 N.Y.2d 908). In any event, the court's charge, taken as a whole, properly conveyed to the jury how it should evaluate witness testimony (People v. Canty, 60 N.Y.2d 830, 831-832; People v. Robinson, 36 N.Y.2d 224, 227-228).

Finally, the prosecutor's summation did not exceed the broad bounds of rhetorical comment permissible in closing argument (People v. Galloway, 54 N.Y.2d 396, 399). Defendant's sentence is legal and appropriate and we decline to reduce it in the interest of justice.

Concur — Sullivan, J.P., Wallach, Ross, Rubin and Tom, JJ.


Summaries of

People v. Perdomo

Appellate Division of the Supreme Court of New York, First Department
May 10, 1994
204 A.D.2d 128 (N.Y. App. Div. 1994)
Case details for

People v. Perdomo

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FERNANDO PERDOMO…

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

Date published: May 10, 1994

Citations

204 A.D.2d 128 (N.Y. App. Div. 1994)
614 N.Y.S.2d 105

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