People v. Jordan

11 A.D.3d 561, 782 N.Y.S.2d 641, 2004 N.Y. App. Div. LEXIS 12001
Appellate Division of the Supreme Court of the State of New York·Decided October 12, 2004·Published·Cited by 2 cases

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kreindler, J.), rendered April 14, 2003, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the prosecutor’s summation deprived him of due process and a fair trial. However, the majority of the defendant’s current objections are not preserved for appellate review (see CPL 470.05 [2]; People v Dien, 77 NY2d 885, 886 [1991]; People v Brownridge, 267 AD2d 318 [1999]). In any event, the prosecutor’s statements constituted fair responses to remarks made by the defense counsel during summation (see People v Halm, 81 NY2d 819, 821 [1993]; People v Ashwal, 39 NY2d 105 [1976]; People v Ryant, 278 AD2d 345 [2000]).

The defendant’s remaining contentions are without merit. Smith, J.P., Adams, Crane and Lifson, JJ., concur.

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People v. Jordan, 11 A.D.3d 561, 782 N.Y.S.2d 641, 2004 N.Y. App. Div. LEXIS 12001 (N.Y. Ct. App. 2004).

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