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People v. Stallings

Appellate Division of the Supreme Court of New York, First Department
Oct 20, 1992
186 A.D.2d 445 (N.Y. App. Div. 1992)

Opinion

October 20, 1992

Appeal from the Supreme Court, Bronx County (Lawrence Bernstein, J.).


Defendant's claim that the trial court erred in instructing the jury that there was no death penalty in New York State is unpreserved for appellate review (see generally, People v Thomas, 50 N.Y.2d 467, 470-472). In any event, were we to reach it in the interest of justice we would reject the claim since the trial court merely attempted to rectify any misconception the jurors might have had after hearing defense counsel, during his summation, inappropriately imply that defendant might be subject to that punishment (cf., People v Garcia, 63 A.D.2d 719).

Concur — Sullivan, J.P., Carro, Milonas and Kupferman, JJ.


Summaries of

People v. Stallings

Appellate Division of the Supreme Court of New York, First Department
Oct 20, 1992
186 A.D.2d 445 (N.Y. App. Div. 1992)
Case details for

People v. Stallings

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS STALLINGS…

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

Date published: Oct 20, 1992

Citations

186 A.D.2d 445 (N.Y. App. Div. 1992)

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