General
The People of the State of New York, Respondent, v. Howard Miner, Appellant
241 A.D.2d 918661 N.Y.S.2d 395·New York Supreme Court, Appellate Division·1997·NY
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
The People of the State of New York, Respondent, v Howard Miner, Appellant.
[661 NYS2d 395]
[MAJORITY]
Judgment unanimously affirmed. Memorandum: There is no merit to defendant’s argument that the jury’s verdict is repugnant. The fact that the jury did not believe that defendant possessed a knife does not negate the forcible compulsion element of rape and sexual abuse in the first degree (see, People v Goodfriend, 100 AD2d 781, 781-782, affd 64 NY2d 695). Defendant argues that he was denied a fair trial by prosecutorial misconduct. County Court sustained defendant’s objection to each instance of alleged misconduct, and defendant did not request further curative instruction or move for a mistrial. “Thus, the court ‘must be deemed to have corrected the error to defendant’s satisfaction’ ” (People v Balkum, 233 AD2d 929, 930, quoting People v Williams, 46 NY2d 1070, 1071). In any event, the conduct of the prosecutor was not so egregious as to deprive defendant of a fair trial (see, People v Curley, 159 AD 2d 969, 970, lv denied 76 NY2d 733). (Appeal from Judgment of Onondaga County Court, Mulroy, J.—Rape, 1st Degree.) Present—Denman, P. J., Pine, Doerr, Balio and Boehm, JJ.