People v. Arzon
174 A.D.2d 684 · Appellate Division of the Supreme Court of the State of New York · 1991
Procedural history
The defendant was convicted of criminal sale of a controlled substance in the third degree (two counts) and criminal possession of a controlled substance in the third degree (two counts) by a jury verdict in the Supreme Court, Kings County. The defendant appealed this judgment to the current court.
Issue
1. Was the defendant denied a fair trial by the trial court's failure to give a limiting instruction regarding the People's use of his prior crimes? 2. Was the defendant denied a fair trial by prosecutorial misconduct during the People's summation?
Holding
The judgment is affirmed. The defendant was not denied a fair trial by the lack of a limiting instruction or by prosecutorial misconduct during summation.
Rule
A defendant's contention regarding a trial court's failure to give a limiting instruction is not preserved for appellate review if not properly raised. When a defendant objects to a prosecutor's comment and the court gives a curative instruction, any defect is assumed cured to the defense counsel's satisfaction if no further ameliorative action is requested. Additionally, a prosecutor's remarks during summation may be considered fair comment on the evidence.
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