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People v. Azor

285 A.D.2d 555, 727 N.Y.S.2d 885, 2001 N.Y. App. Div. LEXIS 7448
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJuly 16, 2001
StatusPublished

This text of 285 A.D.2d 555 (People v. Azor) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Azor, 285 A.D.2d 555, 727 N.Y.S.2d 885, 2001 N.Y. App. Div. LEXIS 7448 (N.Y. Ct. App. 2001).

Opinion

—Appeal by the defen[556]*556dant from a judgment of the Supreme Court, Kings County (Kreindler, J.), rendered July 6, 1998, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s challenges to various remarks made by the prosecutor during summation are unpreserved for appellate review, as he failed to raise specific objections to the remarks in question (see, CPL 470.05 [2]; People v Nuccie, 57 NY2d 818; People v Udzinski, 146 AD2d 245). In any event, the prosecutor’s remarks “were either within the bounds of permissible rhetorical comment afforded counsel during summation, responsive to the defendant’s summation, constituted fair comment on the evidence, or related to matters which were fairly inferable from the evidence” (People v Turner, 214 AD2d 594; see, People v Ashwal, 39 NY2d 105).

The sentence imposed was not excessive (see, People v Suitte, 90 AD2d 80). Ritter, J. P., McGinity, Luciano and Feuerstein, JJ., concur.

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Related

People v. Ashwal
347 N.E.2d 564 (New York Court of Appeals, 1976)
People v. Nuccie
441 N.E.2d 1111 (New York Court of Appeals, 1982)
People v. Suitte
90 A.D.2d 80 (Appellate Division of the Supreme Court of New York, 1982)
People v. Udzinski
146 A.D.2d 245 (Appellate Division of the Supreme Court of New York, 1989)
People v. Turner
214 A.D.2d 594 (Appellate Division of the Supreme Court of New York, 1995)

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Bluebook (online)
285 A.D.2d 555, 727 N.Y.S.2d 885, 2001 N.Y. App. Div. LEXIS 7448, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-azor-nyappdiv-2001.