PEOPLE v. GARDNER


27 A.D.3d 482 (2006)

810 N.Y.S.2d 339

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SAMUEL GARDNER, Appellant.

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

March 7, 2006.


Ordered that the judgment is affirmed.

The defendant failed to timely object to the prosecutor's allegedly improper remarks during the opening statement, did not object to a curative instruction given by the trial court, and did not request a mistrial. As a result, the defendant did not preserve for appellate review his contention that certain comments made by the prosecutor during the opening statement deprived him of a...

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