People v. Lazzaro, 62 A.D.3d 1035 (N.Y. App. Div. 2009). · Go Syfert
People v. Lazzaro, 62 A.D.3d 1035 (N.Y. App. Div. 2009). Cases Citing This Book View Copy Cite
13 citation events (13 in the last 25 years) across 5 distinct courts.
Strongest positive: People v. Johnson (nyjustct, 2024-07-19)
Top citers, strongest first. 8 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Johnson
nyjustct · 2024 · confidence medium
The defendant's statement that he had been driving in the vicinity of the accident will not be excluded, despite the failure to include the sum and substance of that particular statement in the CPL 710.30 notice, "because he moved to suppress his statements, [and] those statements were identified at [the] hearing addressing their voluntariness." People v Lazzaro , 62 AD3d 1035, 1036 (3d Dept 2009); see People v Davis , 144 AD3d 1188, 1189 (3d Dept 2016), lv denied 28 NY3d 1144 (2017); People v Bianca , 91 AD3d 1127, 1130 (3d Dept 2012), lv denied 19 NY3d 862 (2012); CPL § 710.30(3); see also …
discussed Cited as authority (rule) People v. Johnson
nyjustct · 2024 · confidence medium
The defendant's statement that he had been driving in the vicinity of the accident will not be excluded, despite the failure to include the sum and substance of that particular statement in the CPL 710.30 notice, "because he moved to suppress his statements, [and] those statements were identified at [the] hearing addressing their voluntariness." People v Lazzaro , 62 AD3d 1035, 1036 (3d Dept 2009); see People v Davis , 144 AD3d 1188, 1189 (3d Dept 2016), lv denied 28 NY3d 1144 (2017); People v Bianca , 91 AD3d 1127, 1130 (3d Dept 2012), lv denied 19 NY3d 862 (2012); CPL § 710.30(3); see also …
discussed Cited as authority (rule) People v. Martinez
nywestchcty · 2023 · confidence medium
As the People's notices are in conformity with the statutory requirements of CPL§ 710.30 (1) (a), in that they provide the time, place and manner in which the statements were made, and 12 [* 12] the defendant has been referred to the "[r]ecordings [p]rovided via [the] Discovery Portal" for the substance thereof, thus allowing him to "intelligently identify them" (People v Lopez, 84 NY2d 425,428 [1994]; see, People v Raszl, 108 AD3d 1049 , _1050 [4th Dept 2013]; People v Pallagi, 91 AD3d 1266, 1268 [4th Dept 2012], Iv. denied 19 NY3d 970 [2012]; People v Sturdevant, 74 AD3d 1491, 1492 [3d Dept…
discussed Cited as authority (rule) People v. Smallwood
N.Y. App. Div. · 2021 · confidence medium
With respect to defendant's final contention in this regard, that the prosecutor improperly threw or dropped a board during summation, "[t]he prosecutor's demonstration . . . , even if inappropriate, was not pervasive so as to deprive defendant of a fair trial" ( People v Lazzarro , 62 AD3d 1035, 1036 [3d Dept 2009]; see generally People v Anderson , 29 NY3d 69, 72 [2017], rearg denied 29 NY3d 1074 [2017], cert denied — US &mdash, 138 S Ct 457 [2017]).
discussed Cited as authority (rule) People v. Leonard
N.Y. App. Div. · 2019 · confidence medium
Initially, defendant's trial counsel did not object to any of the remarks in the prosecutor's summation that defendant now contends deprived him of a fair trial ( see People v Jackson , 160 AD3d 1125 , 1129 [2018], lvs denied 31 NY3d 1149 [2018]; People v Leonard , 83 AD3d 1113, 1117 [2011], affd 19 NY3d 323 [2012]; People v Lazzaro , 62 AD3d 1035, 1036 [2009]).
discussed Cited as authority (rule) People v. Khan
N.Y. App. Div. · 2015 · confidence medium
Defendant further argues that the People improperly *1253 vouched for the credibility of Gunness during summation, but the record reflects that the prosecutor “merely provided fair comment on [Gunness’s] credibility in response to the defense summation[s]” (People v Lazzaro, 62 AD3d 1035, 1036 [2009]).
discussed Cited as authority (rule) People v. Molina
N.Y. App. Div. · 2010 · confidence medium
We also note that the prosecutor’s comment asking “[how] would you like it if somebody walked up and down your street firing at your house” was immediately withdrawn and, in any event, was “not pervasive so as to deprive defendant of a fair trial” (People v Lazzaro, 62 AD3d 1035, 1036 [2009]; see People v Hopkins, 56 AD3d 820 , 821 [2008]; People v Grady, 40 AD3d 1368, 1375 [2007], lv denied 9 NY3d 923 [2007]).
discussed Cited as authority (rule) People v. Henderson
N.Y. App. Div. · 2010 · confidence medium
While defendant did not receive the required notice of his oral statements pursuant to CPL 710.30 (1), they were disclosed at the Huntley hearing in which he fully participated, thereby waiving any deficiency in the notice (see CPL 710.30 [3]; People v Lazzaro, 62 AD3d 1035, 1035-1036 [2009]; People v Barton, 301 AD2d 747, 748 [2003], lv denied 99 NY2d 625 [2003]; see also People v Lopez, 84 NY2d 425, 428 [1994]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Paul D. Lazzaro
Appellate Division of the Supreme Court of the State of New York.
May 7, 2009.
62 A.D.3d 1035
Kane.
Cited by 13 opinions  |  Published
Kane, J.

Appeal from a judgment of the County Court of Chenango County (Sullivan, J.), rendered November 5, 2007, upon a verdict convicting defendant of the crime of driving while intoxicated.

After a roadside traffic stop, a police officer arrested defendant for driving while intoxicated (see Vehicle and Traffic Law § 1192 [3]). Defendant moved to preclude his statements, which the People failed to specify in CPL 710.30 notices, and to suppress all of his statements. County Court held a suppression hearing and denied the motions. Following trial, the jury convicted defendant of the sole count. Defendant appeals.

County Court did not err in refusing to preclude defendant’s statements. “CPL 710.30 is a notice statute intended to facilitate a defendant’s opportunity to challenge before trial the voluntariness of statements made by him” (People v Lopez, 84 NY2d 425, 428 [1994]). The People’s CPL 710.30 notice failed to[*1036] specify the sum and substance of any statements they intended to use against defendant (see CPL 710.30 [1]; cf. People v Lopez, 84 NY2d at 428). Despite the inadequate notice, most of the statements were admissible against defendant because he moved to suppress his statements, those statements were identified at a hearing addressing their voluntariness and the court denied the motion after that hearing (see CPL 710.30 [3]; People v Merrill, 87 NY2d 948, 949 [1996], revg on dissenting mem at 212 AD2d 987, 988 [1995, Denman, P.J., and Balio, J., dissenting]; People v Martinez, 9 AD3d 679, 680 [2004], lv denied 3 NY3d 709 [2004]; People v Brown, 281 AD2d 700, 701 [2001], lv denied 96 NY2d 826 [2001]). The only statement that was not addressed at the suppression hearing—that defendant asked to be taken to the hospital for a blood test—was raised in defense counsel’s opening statement, which opened the door for use of defendant’s statement during the People’s case-in-chief (see People v Vasquez, 33 AD3d 636, 637 [2006], lv denied 8 NY3d 850 [2007]).*

The prosecutor’s summation did not deprive defendant of a fair trial. Defendant did not object to most of the comments he now attacks, thereby failing to preserve his argument (see People v Lee, 16 AD3d 704, 705 [2005], lv denied 4 NY3d 887 [2005]). In any event, the prosecutor did not vouch for his witnesses, he merely provided fair comment on their credibility in response to the defense summation (see People v Hopkins, 56 AD3d 820, 820-821 [2008]; People v Lee, 16 AD3d at 705). The prosecutor’s demonstration of blowing through a straw, even if inappropriate, was not pervasive so as to deprive defendant of a fair trial (see People v Grady, 40 AD3d 1368, 1374-1375 [2007], lv denied 9 NY3d 923 [2007]).

Cardona, P.J., Peters, Lahtinen and McCarthy, JJ., concur. Ordered that the judgment is affirmed.

We disagree with defendant’s argument that the prosecutor first raised defendant’s statement. The oblique reference to a hospital in the People’s opening statement did not imply that defendant had made any related statements.