People v. Plowden

Appellate Division of the Supreme Court of New York

People v. Plowden

236 A.D.2d 489, 654 N.Y.S.2d 610, 1997 N.Y. App. Div. LEXIS 1183

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

DecidedFebruary 10, 1997

StatusPublished

Cited by4 cases

This text of 236 A.D.2d 489 (People v. Plowden) 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. Plowden, 236 A.D.2d 489, 654 N.Y.S.2d 610, 1997 N.Y. App. Div. LEXIS 1183 (N.Y. Ct. App. 1997).

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Opinion

—Appeal by the defendant from a judgment of [490]*490the Supreme Court, Kings County (Lipp, J.), rendered April 10, 1995, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s arguments regarding alleged prosecutorial misconduct during summation are largely unpreserved for appellate review (CPL 470.05 [2]; People v Dien, 77 NY2d 885; People v Nuccie, 57 NY2d 818). In any event, the comments alleged to be inflammatory and prejudicial were all either fair comment on the evidence (People v Ashwal, 39 NY2d 105) or responsive to arguments presented in the defense counsel’s summation (People v Galloway, 54 NY2d 396). Miller, J. P., Sullivan, Pizzuto and Goldstein, JJ., concur.

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—Appeal by the defendant from a judgment of [490]*490the Supreme Court, Kings County (Lipp, J.), rendered April 10, 1995, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s arguments regarding alleged prosecutorial misconduct during summation are largely unpreserved for appellate review (CPL 470.05 [2]; People v Dien, 77 NY2d 885; People v Nuccie, 57 NY2d 818). In any event, the comments alleged to be inflammatory and prejudicial were all either fair comment on the evidence (People v Ashwal, 39 NY2d 105) or responsive to arguments presented in the defense counsel’s summation (People v Galloway, 54 NY2d 396). Miller, J. P., Sullivan, Pizzuto and Goldstein, JJ., concur.

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Bluebook (online)

236 A.D.2d 489, 654 N.Y.S.2d 610, 1997 N.Y. App. Div. LEXIS 1183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-plowden-nyappdiv-1997.

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