People v. Bowen-Allen
Opinion of the Court
Any prejudice that may have resulted from the prosecutor’s questioning of the defendant about a prior marijuana arrest in the absence of a Sandoval ruling (see People v Sandoval, 34 NY2d 371 [1974]) was alleviated when the Supreme Court sustained the defendant’s objection to the question and provided a curative instruction to the jury (see People v Rayford, 80 AD3d 780, 781 [2011]; People v McNeil, 77 ADSd 685 [2010]).
The defendant’s contentions that reversible error resulted from certain allegedly improper questions the prosecutor asked him during cross-examination, from certain testimony elicited from the rebuttal witness during direct examination, and from allegedly improper summation remarks are largely unpreserved for appellate review (see CPL 470.05 [2]; People v West, 86 ADSd 583, 584 [2011]; People v Prowse, 60 AD3d 703, 704 [2009]; People v Crawford, 54 AD3d 961, 962 [2008]). In any event, to the extent that some of the prosecutor’s questioning of the defendant on cross-examination was improper, it does not warrant reversal. Moreover, the challenged testimony that the prosecutor elicited from the rebuttal witness does not warrant reversal
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).
The defendant’s contention that he was denied the effective assistance of counsel, raised in his pro se supplemental brief, is without merit (see People v Baldi, 54 NY2d 137, 147 [1981]; see also People v Caban, 5 NY3d 143, 156 [2005]).
The defendant’s remaining contentions, raised in his pro se supplemental brief, are without merit. Rivera, J.R, Dickerson, Hall and Miller, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.