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People v. Peguero

Appellate Division of the Supreme Court of New York, First Department
Apr 21, 1998
249 A.D.2d 134 (N.Y. App. Div. 1998)

Opinion

April 21, 1998

Appeal from the Supreme Court, Bronx County (Nicholas Iacovetta, J.).


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The People presented overwhelming evidence, including the presence of defendant's fingerprints in the victims' apartment under circumstances permitting no reasonable conclusion other than guilt. We see no reason to disturb the jury's determinations concerning credibility and reliability of identification testimony.

By failing to object, or by making only generalized objections, or by failing to request further relief after objections were sustained, defendant has failed to preserve his current claims regarding various comments made by the prosecutor in summation, and we decline to review them in the interest of justice. Were we to review them, we would find that the challenged comments were generally based on the evidence and responsive to the defense summation ( see, People v. Overlee, 236 A.D.2d 133), and that there was no pattern of inflammatory remarks or egregious conduct warranting reversal ( see, People v. D'Alessandro, 184 A.D.2d 114, 118-119, lv denied 81 N.Y.2d 884).

Concur — Sullivan, J.P., Milonas, Williams, Mazzarelli and Saxe, JJ.


Summaries of

People v. Peguero

Appellate Division of the Supreme Court of New York, First Department
Apr 21, 1998
249 A.D.2d 134 (N.Y. App. Div. 1998)
Case details for

People v. Peguero

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN PEGUERO, Appellant

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

Date published: Apr 21, 1998

Citations

249 A.D.2d 134 (N.Y. App. Div. 1998)
671 N.Y.S.2d 243

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