At page 874 Preservation of appellate review for trial court rulings43 citing casesconsider the truthfulness of the statement is unpreserved for appellate review (see CPL 470.05 [2]). Although the defendant requested a voluntariness charge…
- People v. Evangelista, 155 A.D.3d 972 (N.Y. App. Div. 2d Dep't 2017).publishedIn any event, the defendant’s contention is without merit, as the challenged remarks were responsive to arguments raised by the defendant’s counsel during summation and constituted fair comment on the evidence (see People v Boyce, 54 AD3d…
- People v. Mairena, 150 A.D.3d 1267 (N.Y. App. Div. 2d Dep't 2017).published The defendant made only a general objection, failed to request curative instructions, and did not timely move for a mistrial on this ground (see CPL 470.05 [2]; People v Balls, 69 NY2d 641, 642 [1986]; People v Salnave, 41 AD3d 872, 874 [2…
- People v. Negrin, 140 A.D.3d 1192 (N.Y. App. Div. 2d Dep't 2016).published The defendant’s contention that the prosecutor’s summation remarks constituted reversible error because she allegedly vouched for the credibility of witnesses, purported to instruct the jury on the law, and made inflammatory comments is la…
- People v. Dumancela, 136 A.D.3d 1053 (N.Y. App. Div. 2d Dep't 2016).publishedThis contention is unpreserved for appellate review (see CPL 470.05 [2]; People v Balls, 69 NY2d 641, 642 [1986]; People v Taylor, 120 AD3d 519, 520 [2014]; People v Salnave, 41 AD3d 872, 874 [2007]) and, in any event, without merit (see P…
- People v. Rivera, 130 A.D.3d 655 (N.Y. App. Div. 2d Dep't 2015).publishedThe defendant’s contention that certain of the prosecutor’s summation comments constituted reversible error because the prosecutor, allegedly, vouched for the credibility of witnesses, misrepresented the facts, shifted the burden of proof,…
- People v. Then, 128 A.D.3d 864 (N.Y. App. Div. 2d Dep't 2015).publishedThe defendant’s contention that he was deprived of a fair trial due to comments the prosecutor made on summation is unpreserved for appellate review (see CPL 470.05 [2]), because the defense either failed to object to the challenged commen…
- People v. Abdul-Mateen, 126 A.D.3d 986 (N.Y. App. Div. 2d Dep't 2015).publishedThese contentions are unpreserved for appellate review, as the defendant made only a general objection, failed to request curative instructions, and did not timely move for a mistrial on these grounds (see CPL 470.05 [2]; People v Balls, 6…
- People v. Wallace, 123 A.D.3d 1151 (N.Y. App. Div. 2d Dep't 2014).publishedThe defendant’s claims that the prosecutor engaged in improper questioning and made improper remarks during the opening statement and summation are, for the most part, unpreserved for appellate review, as he either did not object to the qu…
- People v. Cromwell, 99 A.D.3d 1017 (N.Y. App. Div. 2012).published The defendant’s contention that he was deprived of a fair trial because the prosecutor made allegedly improper remarks during his summation is unpreserved for appellate review, as the defendant either did not object to the remarks or made…
- People v. Rossi, 99 A.D.3d 947 (N.Y. App. Div. 2d Dep't 2012).published The defendant failed to preserve for appellate review his contention that the prosecutor committed misconduct in connection with certain opening remarks and certain direct examination questions (see CPL 470.05 [2]; People v Paul, 82 AD3d 1…
Show 27 more citing cases
- People v. Rodney, 96 A.D.3d 880 (N.Y. App. Div. 2d Dep't 2012).published The defendant’s objections were general, one-word objections (see People v Tonge, 93 NY2d at 839-840 ; People v Salnave, 41 AD 3d 872, 874 [2007]), and he failed to request additional relief when the Supreme Court sustained his objections…
- People v. Whitlock, 95 A.D.3d 909 (N.Y. App. Div. 2d Dep't 2012).publishedThe defendant’s contentions that certain comments made by the prosecutor during her summation were improper and deprived him of a fair trial are unpreserved for appellate review (see CPL 470.05 [2]; People v Romero, 7 NY3d 911, 912 [2006];…
- People v. Adams, 93 A.D.3d 734 (N.Y. App. Div. 2d Dep't 2012).publishedIn addition, the defendant’s motion for a mistrial, which was made after the completion of summations, was untimely and failed to preserve his contentions (see People v Paul, 82 AD3d at 1268 ; People v Salnave, 41 AD3d 872, 874 [2007]).
- People v. Rogers, 92 A.D.3d 903 (N.Y. App. Div. 2d Dep't 2012).publishedThe defendant failed to preserve for appellate review his contentions with respect to all of the challenged comments except two remarks which concerned the credibility of the officers who téstified (see CPL 470.05 [2]; People v Romero, 7 N…
- People v. Morales, 87 A.D.3d 1165 (N.Y. App. Div. 2d Dep't 2011).publishedThe defendant’s contentions that the prosecutor’s summation remarks constituted reversible error because she allegedly mischaracterized the evidence, vouched for the accuracy of the complainant’s identification, and made inflammatory comme…
- People v. Spencer, 87 A.D.3d 751 (N.Y. App. Div. 2011).publishedConsequently, those challenges are not preserved for appellate review, and we decline to review them in the exercise of our interest of justice jurisdiction (see CPL 470.05 [2]; People v Tonge, 93 NY2d 838, 839-840 [1999]; People v Salnave…
- People v. Greene, 87 A.D.3d 551 (N.Y. App. Div. 2d Dep't 2011).publishedThe defendant’s contention that he was deprived of a fair trial by the trial court’s comments, made upon ruling on the People’s objections to two of defense counsel’s summation remarks, is not preserved for appellate review (see CPL 470.05…
- People v. Chardon, 83 A.D.3d 954 (N.Y. App. Div. 2d Dep't 2011).publishedThe defendant failed to preserve for appellate review his chai lenges to certain remarks made by the prosecutor during summation, as defense counsel either did not object to them, or raised only a general objection (see CPL 470.05 [2]; Peo…
- People v. Paul, 82 A.D.3d 1267 (N.Y. App. Div. 2d Dep't 2011).publishedThe defendant’s contentions that various comments made by the prosecutor during her summation were improper and deprived him of a fair trial are unpreserved for appellate review, as the defendant did not object to the remarks at issue or m…
- People v. McDonald, 82 A.D.3d 1125 (N.Y. App. Div. 2d Dep't 2011).publishedThe defendant failed to preserve for appellate review his claims regarding the prosecutor’s summation, inasmuch as he did not object to the particular remarks at issue, made only general one-word objections (see People v Salnave, 41 AD3d 8…
- People v. McCall, 80 A.D.3d 626 (N.Y. App. Div. 2d Dep't 2011).publishedThe defendant failed to preserve for appellate review his contention that the prosecutor’s comments during summation regarding the testimony of an assistant district attorney who represented the People during the suppression hearing were i…
- People v. Spinelli, 79 A.D.3d 1152 (N.Y. App. Div. 2d Dep't 2010).publishedThe defendant’s contention that various comments made by the prosecutor during summation were improper and deprived him of a fair trial is unpreserved for appellate review, as the defendant either did not object to the remarks at issue (se…
- People v. Rich, 78 A.D.3d 1200 (N.Y. App. Div. 2d Dep't 2010).publishedThe prosecutor’s summation comments constituted either fair comment upon the evidence presented or fair response to the defense summation (see People v Ashwal, 39 NY2d 105, 109-110 [1976]; People v Salnave, 41 AD3d 872, 874 [2007]).
- People v. Pocesta, 71 A.D.3d 920 (N.Y. App. Div. 2d Dep't 2010).publishedThe defendant’s claims of prosecutorial misconduct are unpreserved for appellate review, as he failed to object to many of the allegedly improper comments, made only general objections as to others, and did not request further curative ins…
- People v. Umoja, 70 A.D.3d 867 (N.Y. App. Div. 2d Dep't 2010).publishedThe defendant’s contention that various comments made by the prosecutor during his summation were improper and denied him a fair trial is unpreserved for appellate review, as the defendant either did not object to the remarks at issue or m…
- People v. Molina, 26 Misc. 3d 51 (N.Y. App. Term. 2009).publishedHowever, as to three of these comments such issues are unpreserved for appellate review in that either no objection was made thereto, or only a general objection was made at trial (see CPL 470.05 [2]; People v Balls, 69 NY2d 641, 642 [1986…
- People v. Molinaro, 62 A.D.3d 724 (N.Y. App. Div. 2d Dep't 2009).publishedThe defendant’s contentions that the prosecutor’s summation remarks and references to the defendant’s grandfather, the Staten Island borough president, constituted reversible error are unpreserved for appellate review since the defense mad…
- People v. Henry, 60 A.D.3d 1083 (N.Y. App. Div. 2d Dep't 2009).published The defendant failed to preserve for appellate review his challenges to certain remarks made by the prosecutor during summation, as defense counsel either did not object to them, or raised only a general objection (see CPL 470.05 [2]; Peop…
- People v. Dashosh, 59 A.D.3d 731 (N.Y. App. Div. 2d Dep't 2009).publishedThe defendant’s contentions that the prosecutor’s summation remarks and line of questioning during jury selection constituted reversible error because the prosecutor allegedly vouched for the credibility of witnesses, testified as an unswo…
- People v. Gill, 54 A.D.3d 965 (N.Y. App. Div. 2d Dep't 2008).publishedThe defendant either failed to object to the challenged remarks, registered one-word general objections, or, when an objection was sustained, failed to request further instructions or move for a mistrial (see CPL 470.05 [2]; People v Medin…
- People v. Kanios, 53 A.D.3d 555 (N.Y. App. Div. 2d Dep't 2008).publishedThe defendant’s challenge to the prosecutor’s summation is unpreserved for appellate review since the defendant made only general objections, failed to request curative instructions, and did not timely move for a mistrial on the ground tha…
- People v. Stewart, 51 A.D.3d 826 (N.Y. App. Div. 2d Dep't 2008).publishedDefense counsel either failed to object, or did not request further relief after objections were sustained and curative instructions given (see CPL 470.05 [2]; People v Salnave, 41 AD3d 872, 874 [2007]).
- People v. Robbins, 48 A.D.3d 711 (N.Y. App. Div. 2d Dep't 2008).publishedThe defendant failed to preserve for appellate review his challenges to certain remarks made by the prosecutor during summation, as defense counsel either did not object to them, or raised only a general objection (see CPL 470.05 [2]; Peop…
- People v. Haggerty, 48 A.D.3d 480 (N.Y. App. Div. 2d Dep't 2008).publishedThe defendant only made general objections to the prosecutor’s comments, did not request curative instructions, and did not seek further relief after curative instructions were given (see CPL 470.05 [2]; People v Salnave, 41 AD3d 872, 874…
- People v. Dorsette, 47 A.D.3d 728 (N.Y. App. Div. 2d Dep't 2008).publishedIn any event, the majority of the challenged remarks did not exceed the bounds of rhetorical comment permissible in closing argument and constituted either fair comment upon the evidence presented or fair response to the defense summation…
- People v. Gonzalez, 44 A.D.3d 790 (N.Y. App. Div. 2d Dep't 2007).publishedThe defendant thereafter sought no further relief from the trial court with respect thereto (see CPL 470.05 [2]; People v Salnave, 41 AD3d 872, 874 [2007]; People v Ahmed, 40 AD3d 869 [2007]).
- People v. Owens, 43 A.D.3d 1185 (N.Y. App. Div. 2d Dep't 2007).publishedThe defendant’s contention that various comments made by the prosecutor during summation were improper and deprived him of a fair trial is unpreserved for appellate review, as the defendant did not object to the remarks at issue and his mo…
At page 873 Properly joining and severing criminal charges7 citing cases“In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt (see People v Antonelli, 6 AD3d 543 [2004]; People v Betts, 292 AD2d 539,…”
- People v. Dobbins, 123 A.D.3d 1140 (N.Y. App. Div. 2d Dep't 2014).publishedInasmuch as the offenses were properly joined in one indictment from the outset, the court lacked the statutory authority to sever them (see CPL 200.20 [3]; People v Bongarzone, 69 NY2d 892, 895 [1987]; People v Kirksey, 107 AD3d at 825 ;…
- People v. Hall, 120 A.D.3d 588 (N.Y. App. Div. 2d Dep't 2014).publishedContrary to the People’s contention, the charges stemming from the robbery were not joinable, pursuant to CPL 200.20 (2) (b), to the charges stemming from the defendant’s arrest, as the proof relating to the robbery was not material and ad…
- People v. Kirksey, 107 A.D.3d 825 (N.Y. App. Div. 2d Dep't 2013).published Inasmuch as the offenses were properly joined in one indictment from the outset, the court lacked the statutory authority to sever them (see CPL 200.20 [3]; People v Bongarzone, 69 NY2d 892, 895 [1987]; People v Dayton, 66 AD3d 797 [2009];…
- People v. Terraine Slide, 76 A.D.2d 1106 (N.Y. App. Div. 2d Dep't 2010).publishedAlthough the jury charge error was not preserved for appellate review (see CPL 470.05 [2]; People v Salnave, 41 AD3d 872, 873-874 [2007]; People v Farrell, 13 AD3d 644, 645 [2004] ), we reach this issue in the exercise of our interest of j…
- People v. Salton, 74 A.D.3d 997 (N.Y. App. Div. 2d Dep't 2010).published“Since the offenses were properly joined in one indictment from the outset, the court lacked the statutory authority to sever them” (People v Salnave, 41 AD3d 872, 873 [2007]; see CPL 200.20 [3]; People v Bongarzone, 69 NY2d 892, 895 [1987…
- People v. Dayton, 66 A.D.3d 797 (N.Y. App. Div. 2d Dep't 2009).publishedSince the offenses were properly joined in one indictment from the outset, the court lacked the statutory authority to sever them (see CPL 200.20 [3]; People v Bongarzone, 69 NY2d 892, 895 [1987]; People v Salnave, 41 AD3d 872, 873 [2007]).
v.
Lucien Salnave
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Donnino, J.), rendered December 10, 2003, convicting him of murder in the second degree and robbery in the first degree (three counts), upon a jury verdict, and imposing sentence.
[*873] Ordered that the judgment is affirmed.
The defendant was charged under one indictment, inter alia, with three counts of robbery in the first degree for incidents occurring on June 10, 1999 and June 12, 1999, and with a felony murder occurring on June 16, 1999.
The Supreme Court properly denied the defendant’s motion to sever the counts of the indictment involving incidents which occurred prior to June 16, 1999. The separate offenses were properly joinable in a single indictment pursuant to CPL 200.20 (2) (b), as the nature of the proof for each of the offenses was material and admissible as evidence upon the trial of the others. Since the offenses were properly joined in one indictment from the outset, the court lacked the statutory authority to sever them (see CPL 200.20 [3]; People v Bongarzone, 69 NY2d 892, 895 [1987]; People v Gaines, 293 AD2d 550, 551 [2002]; People v Conyers, 176 AD2d 340 [1991]).
The defendant’s contention that the evidence was legally insufficient to establish his identity as the perpetrator of the June 10, 1999, robbery is unpreserved for appellate review (see CPL 470.05 [2]; People v Gray, 86 NY2d 10, 19 [1995]). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt (see People v Antonelli, 6 AD3d 543 [2004]; People v Betts, 292 AD2d 539, 540 [2002]). Moreover, upon the exercise of our factual review power (see CPL 470.15 [5]), we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]).
The Supreme Court did not err in precluding the defendant from admitting into evidence a videotape of an aborted conversation between the defendant and an assistant district attorney, which occurred hours after the defendant completed his statement to detectives confessing to some of the crimes, where the defendant stated: “Can I get an attorney?” The videotape had slight, if any, relevance to the voluntariness or reliability of the defendant’s statement or of the written waiver of the defendant’s Miranda rights (see Miranda v Arizona, 384 US 436 [1966]), which was signed about seven hours before the videotaped interview began (see People v Primo, 96 NY2d 351, 355 [2001]; People v Smith, 300 AD2d 603, 603-604 [2002]).
The defendant’s contention that the trial court erred in instructing the jury that his confession could be considered as evidence if the statement was found to have been voluntarily made, without also instructing the jury that it must also[*874] consider the truthfulness of the statement is unpreserved for appellate review (see CPL 470.05 [2]). Although the defendant requested a voluntariness charge which included an instruction on the jury’s evaluation of the truthfulness of the statement, the defendant did not object to the voluntariness charge prepared by the court in response to the defendant’s request (see People v Whalen, 59 NY2d 273, 280 [1983]). In any event, the defendant’s contention is without merit, as the court specifically instructed the jury to apply the test of believability and accuracy to the confession that the court had described for evaluating the truthfulness of witnesses (see People v Rabady, 28 AD3d 794, 795 [2006]; People v Johnson, 303 AD2d 903, 907 [2003]; People v Bowen, 134 AD2d 356, 357 [1987]).
Contrary to the defendant’s contention, the trial court did not unconstitutionally preclude him from confronting his own witness with a prior inconsistent statement (see Chambers v Mississippi, 410 US 284, 297-298 [1973]). The defendant’s counsel repeatedly elicited from the witness the relevant portions of the prior statement on redirect examination. Because further questioning with regard to the statement on the second round of redirect examination would have been repetitive, the court had discretion to limit such questioning (see Delaware v Van Arsdall, 475 US 673, 679 [1986]; People v Melendez, 55 NY2d 445, 451-452 [1982]).
The defendant’s contention that various comments made by the prosecutor during her summation were improper and deprived him of a fair trial is unpreserved for appellate review, as the defendant either did not object to the remarks at issue, made only general one-word objections, or his objections were sustained without any further request for curative instructions, and his motion for a mistrial after the completion of. summations was untimely and failed to preserve his contention (see CPL 470.05 [2]; People v Romero, 7 NY3d 911, 912 [2006]; People v LaValle, 3 NY3d 88, 115-116 [2004]; People v Malave, 7 AD3d 542 [2004]). In any event, the challenged remarks did not exceed the bounds of rhetorical comment permissible in closing argument and constituted either fair comment upon the evidence presented or fair response to the defense summation (see People v Galloway, 54 NY2d 396, 399 [1981]; People v McHarris, 297 AD2d 824, 825 [2002]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).
The defendant’s remaining contentions, including those raised in his supplemental pro se brief, are without merit. Spolzino, J.P., Ritter, Lifson and Angiolillo, JJ., concur.