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People v. Vargas

Appellate Division of the Supreme Court of New York, First Department
Jul 3, 1990
163 A.D.2d 39 (N.Y. App. Div. 1990)

Opinion

July 3, 1990

Appeal from the Supreme Court, New York County (Frederic S. Berman, J.).


After forcibly entering the complainants' apartment and threatening to kill them and their baby, defendant and another man stole $1,000 and other property. The complainants saw the defendant about one month later and the police arrested him.

None of defendant's challenges to the prosecutor's summation comments is preserved for appellate review (CPL 470.05), and we decline to reach them in the interests of justice. In any event, the prosecutor's remarks were proper comments on the evidence and directly responsive to defense counsel's summation. (See, People v. Bailey, 155 A.D.2d 262; People v. Moran, 154 A.D.2d 322. ) In addition, an examination of the court's charge reveals that the court adequately conveyed the concept of reasonable doubt. (See, People v. Malloy, 55 N.Y.2d 296, 303.)

Concur — Sullivan, J.P., Rosenberger, Asch and Rubin, JJ.


Summaries of

People v. Vargas

Appellate Division of the Supreme Court of New York, First Department
Jul 3, 1990
163 A.D.2d 39 (N.Y. App. Div. 1990)
Case details for

People v. Vargas

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ADRIANO VARGAS…

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

Date published: Jul 3, 1990

Citations

163 A.D.2d 39 (N.Y. App. Div. 1990)
558 N.Y.S.2d 506

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