People v. Butler
Opinion of the Court
Judgment unanimously affirmed. Memorandum: Defendant was accused of raping the complainant in her home. After lengthy and prob
Defendant did not object to the prosecutor’s questioning of prospective jurors during voir dire, thereby failing to preserve his challenge to that questioning for review (see, CPL 470.05 [2]). Were we to reach it, we would conclude that, in light of the proof the prosecutor intended to present, his questions did not deprive defendant of a fair trial.
The prosecutor’s comments in summation did not deprive defendant of a fair trial. Further, no objection to them was raised by defendant and thus, that challenge is unpreserved (see, CPL 470.05 [2]). In any event, the prosecutor’s references to the outburst of the complainant and . to defendant’s prior robbery conviction were in response to comments in defendant’s summation (see, People v Anthony, 24 NY2d 696, 703-704, rearg denied sub nom. People v Batten, 25 NY2d 647; People v Draksin, 145 AD2d 500, 501, lv denied 74 NY2d 895; People v Marchese, 140 AD2d 547, 549, lv denied 72 NY2d 1047). Additionally, the prior conviction was admitted by defendant in his direct examination. In light of the admission by defendant that he had sexual intercourse with the complainant, we reject his contention that he was prejudiced by the prosecutor’s remark that defendant, a married man, "cheated on his wife.” Although the prosecutor’s references to defendant as a "wacko” and "maniac” were inappropriate, they were made in connection with the reaction of the complainant to defendant on the day of the incident and did not improperly exceed the bounds of summation (see, People v Shields, 58 AD2d 94, 96-97, affd 46 NY2d 764).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.