People v. Lopez

158 A.D.2d 623, 551 N.Y.S.2d 606, 1990 N.Y. App. Div. LEXIS 2013

Opinion

The defendant was charged and tried with codefendants Jose Suarez and Alex Cruz as accomplices in a youth gang shooting and related offenses which culminated in the death of a bystander, eight-year-old Edgar Gonzales (see, People v Suarez, 158 AD2d 632 [decided herewith]).

The defendant attributes prejudicial error to certain of the prosecutor’s remarks on summation. Only one of these alleged errors was properly preserved for appellate review (see, CPL 470.05 [2]). The objections made by the codefendants did not preserve the allegations of error for this defendant (see, People v Teeter, 47 NY2d 1002, 1003). In any event, we find that none of the prosecutor’s comments substantially prejudiced the defendant’s trial or exceeded the bounds of permissible rhetorical comment (see, People v Galloway, 54 NY2d 396).

We have examined the defendant’s remaining contentions and find they are without merit. Lawrence, J. P., Rubin, Sullivan and Balletta, JJ., concur.