People v. Oliver

Appellate Division of the Supreme Court of New York

People v. Oliver

261 A.D.2d 128, 687 N.Y.S.2d 257, 1999 N.Y. App. Div. LEXIS 4574

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 4, 1999

StatusPublished

This text of 261 A.D.2d 128 (People v. Oliver) 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. Oliver, 261 A.D.2d 128, 687 N.Y.S.2d 257, 1999 N.Y. App. Div. LEXIS 4574 (N.Y. Ct. App. 1999).

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Opinion

—Judgment, Supreme Court, Bronx County (Daniel Sullivan, J.), rendered June 9, 1994, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 15 years to life, unanimously affirmed.

The verdict was not against the weight of the evidence. We see no reason to disturb the jury’s findings as to credibility and identification.

Defendant’s challenges to the prosecutor’s summation comments are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find the challenged remarks to be responsive to the defense summation and otherwise fair comment on the evidence (see, People v Overlee, 236 AD2d 133, lv denied 91 NY2d 976; People v D'Alessandro, 184 AD2d 114, 118-119, lv denied 81 NY2d 884). Concur — Tom, J. P., Wallach, Lerner and Buckley, JJ.

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—Judgment, Supreme Court, Bronx County (Daniel Sullivan, J.), rendered June 9, 1994, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 15 years to life, unanimously affirmed.

The verdict was not against the weight of the evidence. We see no reason to disturb the jury’s findings as to credibility and identification.

Defendant’s challenges to the prosecutor’s summation comments are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find the challenged remarks to be responsive to the defense summation and otherwise fair comment on the evidence (see, People v Overlee, 236 AD2d 133, lv denied 91 NY2d 976; People v D'Alessandro, 184 AD2d 114, 118-119, lv denied 81 NY2d 884). Concur — Tom, J. P., Wallach, Lerner and Buckley, JJ.

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Bluebook (online)

261 A.D.2d 128, 687 N.Y.S.2d 257, 1999 N.Y. App. Div. LEXIS 4574, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-oliver-nyappdiv-1999.

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