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People v. Peters

Appellate Division of the Supreme Court of New York, Second Department
Jul 15, 1991
175 A.D.2d 220 (N.Y. App. Div. 1991)

Opinion

July 15, 1991

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


Ordered that the judgment is affirmed.

Since defense counsel merely made a general objection and did not raise the specific factual or legal basis for his objection, the defendant has failed to preserve for appellate review his claim that the trial court improperly discharged a juror (see, CPL 470.05; cf., People v Jackson, 149 A.D.2d 532).

We reject the defendant's contention that his right to be present for all material stages of trial was violated (see, CPL 260.20; People v Ciaccio, 47 N.Y.2d 431). The defendant had no right to be present during that portion of the pre-charge conference at which the court discussed with counsel what would be included on the proposed verdict sheet, as that conference only involved questions of law and procedure (see, People v Velasco, 77 N.Y.2d 469).

The defendant has failed to preserve for appellate review his various claims of prosecutorial misconduct (see, CPL 470.05; People v Medina, 53 N.Y.2d 951). Thompson, J.P., Eiber, Balletta and Ritter, JJ., concur.


Summaries of

People v. Peters

Appellate Division of the Supreme Court of New York, Second Department
Jul 15, 1991
175 A.D.2d 220 (N.Y. App. Div. 1991)
Case details for

People v. Peters

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. COLIN PETERS, Appellant

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

Date published: Jul 15, 1991

Citations

175 A.D.2d 220 (N.Y. App. Div. 1991)
572 N.Y.S.2d 81

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