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People v. Minkins

220 A.D.2d 211, 632 N.Y.S.2d 15, 1995 N.Y. App. Div. LEXIS 9668
CourtAppellate Division of the Supreme Court of the State of New York
DecidedOctober 3, 1995
StatusPublished

This text of 220 A.D.2d 211 (People v. Minkins) 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. Minkins, 220 A.D.2d 211, 632 N.Y.S.2d 15, 1995 N.Y. App. Div. LEXIS 9668 (N.Y. Ct. App. 1995).

Opinion

—Judgment, Supreme Court, Bronx County (Vincent Vitale, J.), rendered March 31, 1993, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him to a term of 3 to 9 years, unanimously affirmed.

Most of the challenged prosecutor’s summation comments are unpreserved as a matter of law due to defendant’s failure to object (CPL 470.05; People v Iannelli, 69 NY2d 684, cert denied 482 US 914), and we decline to review them in the interest of justice. In any event, taken in context, they were appropriate responses to the defense summation (see, People v Marks, 6 NY2d 67, cert denied 362 US 912; People v Colonna, 135 AD2d 724), and within the broad bounds of permissible rhetorical comment (People v Galloway, 54 NY2d 396). Moreover, in light of the overwhelming evidence of guilt, impropriety, if any, by the prosecutor in summation would be harmless (see, People v Woodwards, 215 AD2d 203; People v Crimmins, 36 NY2d 230). Concur—Sullivan, J. P., Ellerin, Rubin, Kupferman and Asch, JJ.

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Related

People v. Marks
160 N.E.2d 26 (New York Court of Appeals, 1959)
People v. Crimmins
326 N.E.2d 787 (New York Court of Appeals, 1975)
People v. Galloway
430 N.E.2d 885 (New York Court of Appeals, 1981)
People v. Iannelli
504 N.E.2d 383 (New York Court of Appeals, 1986)
People v. Colonna
135 A.D.2d 724 (Appellate Division of the Supreme Court of New York, 1987)
People v. Woodwards
215 A.D.2d 203 (Appellate Division of the Supreme Court of New York, 1995)

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Bluebook (online)
220 A.D.2d 211, 632 N.Y.S.2d 15, 1995 N.Y. App. Div. LEXIS 9668, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-minkins-nyappdiv-1995.