PEOPLE v. MORALES


205 A.D.2d 393 (1994)

613 N.Y.S.2d 394

The People of the State of New York, Respondent, v. Joseph Morales, Appellant

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

June 21, 1994


Contrary to defendant's argument on appeal, he was not deprived of a fair trial when no curative instruction was given in response to his brief, spontaneous and inculpatory statement from the defense table in apparent reaction to the complainant's testimony. Defense counsel never requested such an instruction (see, People v Leitzsey, 173 A.D.2d 488, 488-489, lv denied 78 N.Y.2d 969); there is no "requirement that a...

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