People v. Rivera
Cases that cite this one
5 later published cases cite this decision.
- People v. Romero (Appellate Division of the Supreme Court of New York 2014)
- People v. Trice (Appellate Division of the Supreme Court of New York 2023)
- People v. Sylvester (Appellate Division of the Supreme Court of New York 2020)
- People v. Berry (Appellate Division of the Supreme Court of New York 2013)
- People v. Berry (Appellate Division of the Supreme Court of New York 2013)
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
The defendant correctly contends that his statement made at the scene of the crime, which was made without the benefit of Miranda warnings (see Miranda v Arizona, 384 US 436 [1966]), and after he had been handcuffed and subject to express questioning, should have been suppressed (see People v O’Connor, 6 AD3d 738, 739-740 [2004]; People v Hardy, 5 AD3d 792, 793 [2004]; People v Rifkin, 289 AD 2d 262, 263 [2001]; People v Soto, 183 AD2d 926, 927 [1992]). Nevertheless, the admission of that statement was harmless beyond a reasonable doubt, particularly in light of the defendant’s own admissions during his testimony at trial (see People v Crimmins, 36 NY2d 230, 237 [1975]; People v Graham, 48 AD3d 265, 266 [2008]; People v Reid, 34 AD3d 1273, 1273 [2006]).
The defendant’s contentions that the prosecutor’s allegedly improper questions during cross-examination of him and comments during summation constitute reversible error are unpreserved for appellate review (see CPL 470.05 [2]; People v West, 86 AD3d 583, 584 [2011]; People v Prowse, 60 AD3d 703, 704 [2009]; People v Crawford, 54 AD3d 961, 962 [2008]). In any event, the questions the prosecutor asked the defendant were either proper or do not warrant reversal (see People v Bryant, 39 AD3d 768, 769 [2007]; People v Siriani, 27 AD3d 670 [2006]; People v Overlee, 236 AD2d 133, 136 [1997]). The prosecutor’s remarks during summation were mostly either fair comment on the evidence, permissible rhetorical comment, or responsive to defense counsel’s summation (see People v Ashwal, 39 NY2d 105, 109-110 [1976]). Although some of the remarks
The defendant was afforded meaningful representation (see People v Benevento, 91 NY2d 708 [1998]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Florio, J.E, Chambers, Hall and Miller, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.