Appellate Division of the Supreme Court of New York, 1986

People v. Nunes

People v. Nunes
Appellate Division of the Supreme Court of New York · Decided March 3, 1986
118 A.D.2d 597; 499 N.Y.S.2d 200; 1986 N.Y. App. Div. LEXIS 54458
People v. Nunes

Opinion of the Court

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Hellenbrand, J.), rendered January 19, 1982, convicting him of murder in the second degree (two counts), and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

The ambiguous reference by a prosecution witness to an unrelated robbery for which the defendant was arrested does not require reversal where it was elicited by defense counsel during cross-examination and where no curative instruction was sought (see, People v Blackshear, 112 AD2d 1044; People v King, 91 AD2d 1073). The prosecutor’s question regarding the *598same unrelated robbery on redirect examination merely reiterated the testimony previously elicited by defense counsel at his peril, and thus did not result in a denial of the defendant’s right to a fair trial.

The defendant’s remaining contentions are either without merit or unpreserved for appellate review. Gibbons, J. P., Thompson, Brown and Weinstein, JJ., concur.

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