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People v. Corley

140 A.D.2d 536 Court N.Y. App. Div. Decision date 1988-05-16 English

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p. 536
The People of the State of New York, Respondent, v John Corley, Appellant.

Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620 ), we find that it was legally sufficient to support the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15 [5]).

We find that, upon reviewing the entire charge, the court properly instructed the jury on reasonable doubt (see, People v Canty, 60 NY2d 830 ; People v Yanik, 43 NY2d 97 , on remand 63 AD2d 574 ; People v Blackshear, 112 AD2d 1044 , lv denied 66 NY2d 917 ; People v Navarro, 104 AD2d 958 ; People v Cruz, 97 AD2d 518 ).

We also find the statements made by the prosecutor which the defendant contends constituted prosecutorial misconduct were either proper responses to the defense summation (see, People v Street, 124 AD2d 841 , lv denied 69 NY2d 834 ; People v Freeman, 123 AD2d 784 , lv denied 69 NY2d 711 ), properly

p. 537
cured by appropriate curative instructions (People v Arce, 42 NY2d 179 ), or not preserved for appellate review due to defense counsel’s acquiescence in the curative instructions given by the court (People v Medina, 53 NY2d 951 , 953; People v Jalah, 107 AD2d 762 ).

We have reviewed the defendant’s remaining contentions and find that they are either unpreserved for appellate review or without merit (see, People v Santana, 125 AD2d 427 , lv denied 70 NY2d 960 ; People v Torres, 118 AD2d 821 , lv denied 68 NY2d 672 ). Mollen, P. J., Thompson, Rubin and Spatt, JJ., concur.

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