People v. Simon
This text of 34 A.D.3d 852 (People v. Simon) 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
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Brennan, J.), rendered November 9, 2004, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant’s contention that the prosecutor committed misconduct during summation is unpreserved for appellate review (see CPL 470.05 [2]; People v LaValle, 3 NY3d 88, 114 [2004] ; People v Harris, 98 NY2d 452, 459 [2002]; People v Dien, 77 NY2d 885, 886 [1991]). In any event, the contention is without merit since the challenged remarks either were fair comment on the evidence, permissible rhetorical comment, or responsive to the defense counsel’s summation (see People v Ashwal, 39 NY2d 105, 110 [1976]; People v Garner, 27 AD3d 764 [2006]). Adams, J.P., Rivera, Skelos and Lifson, JJ., concur.
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Cite This Page — Counsel Stack
34 A.D.3d 852, 823 N.Y.S.2d 906, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-simon-nyappdiv-2006.