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People v. Church

244 A.D.2d 953 Court N.Y. App. Div. Decision date 1997-11-19 English

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p. 953
The People of the State of New York, Respondent, v Herbert Church, Appellant.
[665 NYS2d 174]

—Judgment unanimously affirmed. Memorandum: We reject the contention of defendant that he was deprived of a fair trial by prosecutorial misconduct. Defendant failed to object to many of the alleged instances of misconduct, thereby failing to preserve those alleged instances for our review (see, CPL 470.05 [2]). County Court sustained those objections that were raised, and defendant did not request curative instructions or move for a mistrial. Thus, “the court ‘must be deemed to have corrected the error[s] to the defendant’s satisfaction’ ” (People v Balkum, 233 AD2d 929 , 930, lv denied 89 NY2d 939 , quoting People v Williams, 46 NY2d 1070 , 1071). In any event, the conduct of the

p. 954
prosecutor, although at times improper, was not so egregious as to deprive defendant of a fair trial (see, People v Curley, 159 AD2d 969 , 970, lv denied 76 NY2d 733 ; cf., People v Mott, 94 AD2d 415 , 419).

Contrary to the contention of defendant in his pro se supplemental brief, the evidence at trial, when viewed in the light most favorable to the People (see, People v Williams, 84 NY2d 925 , 926), is legally sufficient to support defendant’s conviction (see, People v Bleakley, 69 NY2d 490 , 495). Finally, upon weighing the relative probative force of the conflicting testimony, we conclude that the verdict is not against the weight of the evidence (see, People v Bleakley, supra, at 495 ). (Appeal from Judgment of Cayuga County Court, Corning, J.— Assault, 2nd Degree.) Present—Denman, P. J., Hayes, Callahan and Fallon, JJ.

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