From Casetext: Smarter Legal Research

People v. Rosario

Appellate Division of the Supreme Court of New York, Second Department
Jul 25, 1988
142 A.D.2d 743 (N.Y. App. Div. 1988)

Opinion

July 25, 1988

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


Ordered that the judgment is affirmed.

Since defense counsel did not request a charge on the limited probative value of the evidence of the defendant's flight, did not object to the charge as given and did not request additional instructions after the charge was completed, any alleged error in the court's failure to provide such a charge has not been preserved for our review (see, CPL 470.05; People v Thomas, 50 N.Y.2d 467; People v. Giles, 87 A.D.2d 636; cf., People v. Williams, 66 N.Y.2d 789). The prosecutrix' reference to the defendant's flight during her summation was a fair response to defense counsel's summation and did not deny the defendant due process (People v. Galloway, 54 N.Y.2d 396; People v. Lowen, 100 A.D.2d 518). Kunzeman, J.P., Weinstein, Eiber and Spatt, JJ., concur.


Summaries of

People v. Rosario

Appellate Division of the Supreme Court of New York, Second Department
Jul 25, 1988
142 A.D.2d 743 (N.Y. App. Div. 1988)
Case details for

People v. Rosario

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VIRGILIO ROSARIO…

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

Date published: Jul 25, 1988

Citations

142 A.D.2d 743 (N.Y. App. Div. 1988)

Citing Cases

People v. Paris

05; People v Medina, 53 N.Y.2d 951, 953; People v Grant, 148 A.D.2d 632). In any event, the remarks made by…

People v. Orr

We have examined the defendant's remaining contentions and find that they are either unpreserved for…