People v. Pierce
This text of 219 A.D.2d 856 (People v. Pierce) 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.
Opinion
Judgment unanimously affirmed. Memorandum: Because defendants did not object to the prosecutor’s summation, their argument that several of the prosecutor’s comments were improper is not preserved for our review (see, CPL 470.05 [2]; People v Bruce, 216 AD2d 913; People v Gaines, 216 AD2d 858; People v Dunbar, 213 AD2d 1000, lv denied 85 NY2d 972). In any event, the prosecutor’s characterization of the defense’s contentions as a "smokescreen” did not exceed the broad bounds of rhetorical comment permissible in closing arguments (see, People v Galloway, 54 NY2d 396, 399). (Appeal from Judgment of Erie County Court, Rogowski, J. — Criminal Trespass, 2nd Degree.) Present — Lawton, J. P., Fallon, Callahan, Davis and Boehm, JJ.
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Cite This Page — Counsel Stack
219 A.D.2d 856, 632 N.Y.S.2d 905, 1995 N.Y. App. Div. LEXIS 10968, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-pierce-nyappdiv-1995.