Legal Opinion

People v. Brewster

Appellate Division of the Supreme Court of the State of New York

Decided January 12, 2010PublishedCited by 2 opinions

1Opinion of the Court

The defendant’s contention that the prosecutor’s summation deprived him of due process and a fair trial is unpreserved for appellate review, as the defendant either failed to make objections to remarks he now contests, made only general objections, failed to request curative instructions, or did not timely move for a mistrial (see CPL 470.05 [2]; People v Romero, 7 NY3d 911 [2006]; People v Small, 45 AD3d 705 [2007]; People v McHarris, 297 AD2d 824, 825 [2002]). In any event, most of the challenged remarks constituted fair comment on the evidence or were responsive to defense counsel’s…

2Cases cited8 opinions

  1. People v. CrimminsNew York Court of Appeals · 1975
  2. People v. RomeroNew York Court of Appeals · 2006
  3. People v. LoganNew York Court of Appeals · 1969
  4. People v. McHarrisAppellate Division of the Supreme Court of the State of New York · 2002
  5. People v. RussoNew York Court of Appeals · 1995

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3Cited by2 opinions

  1. People v. BrownAppellate Division of the Supreme Court of the State of New York · 2010
  2. People v. RoqueAppellate Division of the Supreme Court of the State of New York · 2010

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