Appellate Division of the Supreme Court of New York, 2004

People v. Filipe

Appellate Division of the Supreme Court of New York · Decided May 3, 2004

7 A.D.3d 539; 776 N.Y.S.2d 94

Cases that cite this one

17 later published cases cite this decision.

People v. Flores (Appellate Division of the Supreme Court of New York 2017)
People v. Guevara (Appellate Division of the Supreme Court of New York 2012)
People v. Guevara (Appellate Division of the Supreme Court of New York 2012)
People v. Flores (Appellate Division of the Supreme Court of New York 2007)
People v. Fuentes-Gonzalez (Appellate Division of the Supreme Court of New York 2019)
People v. Lazaro (Appellate Division of the Supreme Court of New York 2015)
People v. Bridgeforth (Appellate Division of the Supreme Court of New York 2014)
People v. Sandoval (Appellate Division of the Supreme Court of New York 2012)
People v. Sandoval (Appellate Division of the Supreme Court of New York 2012)
People v. Carrieri (Appellate Division of the Supreme Court of New York 2008)
People v. Martin (Appellate Division of the Supreme Court of New York 2008)
People v. Gillespie (Appellate Division of the Supreme Court of New York 2007)
People v. Cruz (Appellate Division of the Supreme Court of New York 2007)
People v. Williams (Appellate Division of the Supreme Court of New York 2006)
People v. Garner (Appellate Division of the Supreme Court of New York 2006)
People v. Smith (Appellate Division of the Supreme Court of New York 2005)
People v. Jones (Appellate Division of the Supreme Court of New York 2004)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

*540Appeal by the defendant from a judgment of the Supreme Court, Kings County (Chambers, J.), rendered May 6, 2002, convicting him of assault in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s challenge to the admission of testimony regarding his and the complainant’s membership in a gang, of which the defendant was the leader, is without merit. This evidence was relevant on the issue of the defendant’s motive, and was necessary background to explain the relationship between the defendant and the complainant (see People v Newby, 291 AD2d 460 [2002]). Since the probative value of this testimony outweighed any prejudice to the defendant, the Supreme Court providently exercised its discretion in admitting it (id.; see also People v Carroll, 95 NY2d 375, 385 [2000]).

The defendant contends that the prosecutor’s references to this testimony during summation constituted reversible error. The defendant failed to preserve this argument for appellate review, as he failed to object during the prosecutor’s summation (see CPL 470.05 [2]; see also People v Williams, 305 AD2d 703 [2003]). In any event, the challenged remarks either were fair comment on the evidence, permissive rhetorical comment, or responsive to the defense counsel’s summation (see People v Hoover, 298 AD2d 599 [2002]; see also People v Galloway, 54 NY2d 396 [1981]; People v Hines, 3 AD3d 580 [2004]). Santucci, J.P., Florio, Schmidt and Rivera, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.