People v. Sherwood

279 A.D.2d 486, 719 N.Y.S.2d 581, 2001 N.Y. App. Div. LEXIS 167

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: January 8, 2001
• Status: Published

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered November 24, 1998, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the People’s summation remarks constituted reversible error is unpreserved for appellate review. He either failed to object to the remarks, made only a general objection, or his objections were sustained without any further request for curative instructions or a timely motion for mistrial (see, CPL 470.05 [2]; People v Tevaha, 84 NY2d 879; People v Heide, 84 NY2d 943; People v Medina, 53 NY2d 951; People v Persaud, 237 AD2d 538). In any event, the defendant’s contentions are largely without merit, and any error was harmless in light of the overwhelming evidence of guilt (see, People v Crimmins, 36 NY2d 230, 241-242). Ritter, J. P., S. Miller, Luciano and Smith, JJ., concur.