Majority
p. 966The People of the State of New York, Respondent, v Maple Lee O’Neil, Appellant.
Judgment unanimously affirmed. Memorandum: Viewed in the light most favorable to the People (see, People v Ford, 66 NY2d 428 , 437), the evidence amply supports the verdict. Credibility of the witnesses was for the jury to resolve (see, People v De Tore, 34 NY2d 199 , 206-207, cert denied sub nom. Wedra v New York, 419 US 1025 ; People v Christian, 139 AD2d 896 , Iv denied 71 NY2d 1024 ), and based upon our independent review of the record the verdict was not contrary to the weight of the evidence (see, People v Bleakley, 69 NY2d 490 , 495). Defendant waived his right to challenge the evidence seized from his apartment by failing to make a suppression motion (see, CPL 710.70 [3];
p. 967
People v Bertolo, 65 NY2d 111 , 121; People v Martinez, 105 AD2d 873 , 874). In view of the court’s curative instructions, the prosecutor’s improper comments on summation did not deprive defendant of a fair trial. On this record defendant’s sentence is not excessive. (Appeal from judgment of Monroe County Court, Connell, J. — robbery, first degree; grand larceny, fourth degree.) Present — Callahan, J. P., Doerr, Green, Balio and Davis, JJ.
Cases cited
- People v. Ford 66 NY2d 428 at 437 p. 966
- People v. De Tore 34 NY2d 199 at 206-207 p. 966
- People v. Bleakley 69 NY2d 490 at 495 p. 966
- People v. Martinez 105 AD2d 873 at 874 p. 967