At page 1228 Failure to preserve claims of prosecutorial misconduct9 citing cases“In any event, we conclude that defendant’s contention is without merit.”
- People v. Babb, 186 A.D.3d 1058 (N.Y. App. Div. 4th Dep't 2020).publishedBy failing to object to the other allegedly improper comments by the prosecutor during summation, defendant failed to preserve the remainder of his contention for our review ( see People v Simmons , 133 AD3d 1227, 1228 [4th Dept 2015]), an…
- People v. Lostumbo, 182 A.D.3d 1007 (N.Y. App. Div. 4th Dep't 2020).publishedDefendant's contention that he was deprived of a fair trial by instances of prosecutorial misconduct is also unpreserved because defendant did not object to any of those alleged instances at trial ( see People v Simmons , 133 AD3d 1227, 12…
- People v. Vick, 2019 NY Slip Op 4853 (N.Y. App. Div. 4th Dep't 2019).publishedDefendant failed to preserve for our review his contention that he was deprived of a fair trial by prosecutorial misconduct during opening and closing statements ( see People v Simmons , 133 AD3d 1227, 1228 [4th Dept 2015]).
- People v. Patterson, 2019 NY Slip Op 4825 (N.Y. App. Div. 4th Dep't 2019).publishedDefendant failed to preserve his contention that the prosecutor, in describing the testimony of the police witnesses as "untouchable," improperly vouched for their credibility because defendant did not object to the remark on that ground (…
- People v. Tuff, 156 A.D.3d 1372 (N.Y. App. Div. 4th Dep't 2017).publishedDefendant’s remaining contentions of prosecutorial misconduct on summation are likewise not preserved for our review (see People v Simmons, 133 AD3d 1227, 1228 [4th Dept 2015]; see generally CPL 470.05 [2]), and we decline to exercise our…
- People v. Stanley, 155 A.D.3d 1684 (N.Y. App. Div. 4th Dep't 2017).publishedDefendant failed to preserve for our review his further contention that he was deprived of a fair trial by prosecutorial misconduct on summation (see CPL 470.05 [2]; People v Simmons, 133 AD3d 1227, 1228 [4th Dept 2015]).
- People v. Santos, 151 A.D.3d 1620 (N.Y. App. Div. 4th Dep't 2017).publishedDefendant failed to preserve for our review his contention that he was denied a fair trial due to prosecutorial misconduct during summation (see People v Simmons, 133 AD3d 1227, 1228 [2015]), and we decline to exercise our power to review…
- People v. Morgan, 148 A.D.3d 1590 (N.Y. App. Div. 4th Dep't 2017).published Defendant failed to preserve his contention for our review to the extent that he alleges that the prosecutor improperly vouched for the victim’s credibility and denigrated the defense (see People v Simmons, 133 AD3d 1227, 1228 [2015]), and…
At page 1227 Failure to preserve challenge to legal sufficiency of evidence5 citing cases“We reject defendant’s challenge to the sufficiency of the evidence that he possessed the shotgun.”
- People v. Bacon, 2018 NY Slip Op 3258 (N.Y. App. Div. 4th Dep't 2018).publishedDefendant's remaining challenges to the sufficiency of the evidence are not preserved for our review ( see generally People v Simmons , 133 AD3d 1227, 1227 [4th Dept 2015]).
- People v. Hunt, 2019 NY Slip Op 3481 (N.Y. App. Div. 4th Dep't 2019).publishedPreliminarily, defendant's challenge to the legal sufficiency of the evidence is unpreserved for our review because his general motion for a trial order of dismissal was not " specifically directed' at" any alleged shortcoming in the evide…
- People v. Bittles, 2019 NY Slip Op 1990 (N.Y. App. Div. 4th Dep't 2019).publishedDefendant failed to preserve that contention for our review inasmuch as his motion for a trial order of dismissal was not " specifically directed' at the alleged error now raised on appeal" ( People v Ford , 148 AD3d 1656 , 1657 [4th Dept…
- People v. Ford, 148 A.D.3d 1656 (N.Y. App. Div. 4th Dep't 2017).published Defendant failed to preserve for our review his challenge to the legal sufficiency of the evidence inasmuch as his motion for a trial order of dismissal was not “ ‘specifically directed’ ” at the alleged error now raised on appeal (People…
Other citing cases
- Ford, Rickey D., People v., No. KA 12-02143 (N.Y. App. Div. 4th Dep't Mar. 24, 2017).published
v.
Timmy L. Simmons
Appeal from a judgment of the Supreme Court, Niagara County (Matthew J. Murphy, III, A.J.), rendered April 23, 2014. The judgment convicted defendant, upon a jury verdict, of criminal possession of a weapon in the fourth degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him following a jury trial of criminal possession of a weapon in the fourth degree (Penal Law § 265.01 [4]), defendant contends that the evidence is legally insufficient to support the conviction because the People failed to present evidence that he possessed a shotgun on or about the date charged in the accusatory instrument and failed to present legally sufficient evidence of possession. Because defendant’s motion for a trial order of dismissal and his renewed motion after putting in his own proof were not “ ‘specifically directed’ ” at the first alleged error, defendant failed to preserve that contention for our review (People v Gray, 86 NY2d 10, 19 [1995]). We reject defendant’s challenge to the sufficiency of the evidence that he possessed the shotgun. We conclude that “viewing the facts in [the] light most favorable to the People, ‘there is a valid line of reasoning[*1228] and permissible inferences from which a rational jury could have found the elements of the crime proved beyond a reasonable doubt’ ” (People v Danielson, 9 NY3d 342, 349 [2007], quoting People v Acosta, 80 NY2d 665, 672 [1993]).
Defendant further contends that he was deprived of a fair trial by prosecutorial misconduct on summation. By failing to object to any of the alleged instances of prosecutorial misconduct, defendant failed to preserve that contention for our review (see CPL 470.05 [2]; People v Easley, 124 AD3d 1284, 1285 [2015], lv denied 25 NY3d 1200 [2015]). In any event, we conclude that defendant’s contention is without merit. Present — Scudder, P.J., Smith, Carni, Lindley and Valentino, JJ.