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People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Mar 2, 1992
181 A.D.2d 701 (N.Y. App. Div. 1992)

Opinion

March 2, 1992

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


Ordered that the judgment is affirmed.

The defendant's contention that the court erred in refusing to grant the codefendant's request for an adjournment so that an analysis could be obtained of the specimen taken from the complainant during the gynecological examination at the hospital following the incident is unpreserved for appellate review (see, CPL 470.05; People v Udzinski, 146 A.D.2d 245, 248-252; People v McKenna, 151 A.D.2d 510, revd on other grounds 76 N.Y.2d 59).

Any prejudice which might have arisen due to the brief and ambiguous mention by the complainant of an uncharged crime was alleviated when the court sustained the defendant's objection and gave a prompt and thorough curative instruction (see, People v Santiago, 52 N.Y.2d 865, 866; People v Ashwal, 39 N.Y.2d 105, 111; People v Solano, 159 A.D.2d 738).

The defendant's remaining contentions are either unpreserved for appellate review or without merit. Bracken, J.P., Lawrence, Eiber and Miller, JJ., concur.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Mar 2, 1992
181 A.D.2d 701 (N.Y. App. Div. 1992)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EARL SMITH, Appellant

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

Date published: Mar 2, 1992

Citations

181 A.D.2d 701 (N.Y. App. Div. 1992)
581 N.Y.S.2d 219

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