People v. Ellis

Appellate Division of the Supreme Court of New York

People v. Ellis

247 A.D.2d 404, 667 N.Y.S.2d 928, 1998 N.Y. App. Div. LEXIS 821

Appellate Division of the Supreme Court of the State of New York·Decided February 2, 1998·Published·Cited by 1 cases

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Robinson, J.), rendered July 3, 1996, as amended July 10, 1996, convicting him of criminal possession of a weapon in the third degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment, as amended, is affirmed.

While some of the prosecutor’s comments during summation were better left unsaid, given the Judge’s prompt curative [405] instructions and the overwhelming evidence of the defendant’s guilt, they do not warrant reversal (see, People v Galloway, 54 NY2d 396; People v Garrett, 219 AD2d 670).

Joy, J. P., Krausman, Florio and McGinity, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Queens County (Robinson, J.), rendered July 3, 1996, as amended July 10, 1996, convicting him of criminal possession of a weapon in the third degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment, as amended, is affirmed.

While some of the prosecutor’s comments during summation were better left unsaid, given the Judge’s prompt curative [405] instructions and the overwhelming evidence of the defendant’s guilt, they do not warrant reversal (see, People v Galloway, 54 NY2d 396; People v Garrett, 219 AD2d 670).

Joy, J. P., Krausman, Florio and McGinity, JJ., concur.

People v. Ellis, 247 A.D.2d 404, 667 N.Y.S.2d 928, 1998 N.Y. App. Div. LEXIS 821 (N.Y. Ct. App. 1998).

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Opinion

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