People v. Romero, 70 N.Y.2d 941 (1988)
To preserve a claim of prosecutorial misconduct during summation for appellate review, a defendant must make a timely objection; unpreserved claims will only warrant reversal if the misconduct is so egregious as to deprive the defendant of a fair trial; curative instructions, if given and not objected to, can neutralize potential prejudice.
Summary
The defendant appealed his conviction, arguing that the prosecutor made improper comments during summation. The New York Court of Appeals affirmed the Appellate Division’s order, holding that the defendant failed to preserve many of his claims of error by not objecting during trial. For the comments to which objections were made, the trial court ruled correctly. Furthermore, the trial court provided curative instructions to neutralize any potential prejudice from the prosecutor’s statements, and the defendant did not object to these instructions or request additional ones. The court also found no indication that the Appellate Division failed to properly consider the weight of the evidence.
Facts
The specific facts of the underlying crime are not detailed in the Court of Appeals memorandum. The appeal centered solely on the conduct of the District Attorney during summation at trial, and whether objections to those comments were properly preserved for appellate review.
Procedural History
The defendant was convicted at trial. He appealed to the Appellate Division, arguing prosecutorial misconduct during summation. The Appellate Division affirmed the conviction. The defendant then appealed to the New York Court of Appeals, raising the same arguments, along with a claim that the Appellate Division failed to properly consider the weight of the evidence.
Issue(s)
1. Whether the defendant preserved his claims of error regarding the District Attorney’s comments during summation by making timely objections at trial.
2. Whether the curative instructions given by the trial court were sufficient to neutralize any prejudice resulting from the District Attorney’s statements, given the lack of objection to said instructions.
3. Whether the Appellate Division failed to consider the weight of the evidence in reaching its decision.
Holding
1. No, because the defendant failed to object to many of the District Attorney’s comments, thus failing to preserve those claims for appeal.
2. Yes, because the trial court provided curative instructions to address any prejudice and the defendant did not object to these instructions or request additional ones.
3. No, because there was no indication that the Appellate Division misunderstood its obligation or failed to review the weight of the evidence.
Court’s Reasoning
The Court of Appeals emphasized the importance of preserving legal claims by making timely objections at trial. Failure to object generally precludes appellate review. The Court noted that the trial court ruled correctly on the objections that were properly raised. Regarding the unpreserved claims, the Court implied that reversal would only be warranted if the prosecutor’s misconduct was so egregious as to deprive the defendant of a fair trial, which was not the case here.
The Court also highlighted the effect of curative instructions. By giving such instructions, the trial court attempted to mitigate any potential prejudice stemming from the prosecutor’s remarks. The defendant’s failure to object to the curative instructions or request further instructions further undermined his claim of error on appeal. The court reasoned that by not objecting, the defendant effectively signaled his satisfaction with the curative measures taken.
Finally, the Court distinguished this case from People v. Bleakley, where it was apparent that the Appellate Division misunderstood its obligation to review the weight of the evidence. In Romero, there was no indication of such a misunderstanding or failure to review.