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PEOPLE v. FULLER

158 A.D.2d 283 (1990)

The People of the State of New York, Respondent, v. Wayne Fuller, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

February 1, 1990

The defendant's claim that the prosecutor's summation and the court's charge deprived him of a fair trial are unpreserved (CPL 470.05 [2]). The defendant did not object to the prosecutor's argument that the eyewitness and the police officer who testified had no motive to fabricate. In any event, were we to consider the claim on the merits, in the interests of justice, we would find that the prosecutor did not offer himself as an...

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