Appellate Division of the Supreme Court of New York, 1988

People v. Rodriguez

People v. Rodriguez
Appellate Division of the Supreme Court of New York · Decided May 9, 1988
140 A.D.2d 467; 528 N.Y.S.2d 336; 1988 N.Y. App. Div. LEXIS 4924
People v. Rodriguez

Opinion of the Court

*468The defendant contends on appeal that the trial court made denigrating remarks directed at his counsel in the presence of the jury which denied him a fair trial. We disagree. The only remark to which contemporaneous objection was raised was sufficiently cured by an instruction to the jury to "[p]ay no attention to colloquy between Judges and lawyers” but rather to "make the decision on the evidence and lack of evidence”. Weinstein, J. P., Eiber, Sullivan and Balletta, JJ., concur.

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