People v. Small

Appellate Division of the Supreme Court of New York

People v. Small

45 A.D.3d 705, 844 N.Y.S.2d 880

Appellate Division of the Supreme Court of the State of New York·Decided November 13, 2007·Published·Cited by 5 cases

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Dowling, J.), rendered July 13, 2005, convicting him of petit larceny, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the prosecutor’s summation denied him due process and a fair trial is unpreserved for appellate review (see CPL 470.05 [2]; People v Nieves, 2 AD3d 539, 540 [2003]). In any event, a review of the challenged comments reveals that they were either fair comment on the evidence adduced at trial or responsive to defense counsel’s summation (see People v McHarris, 297 AD2d 824, 825 [2002]; People v Cariola, 276 AD2d 800 [2000]). Crane, J.P., Goldstein, Florio and Dillon, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Kings County (Dowling, J.), rendered July 13, 2005, convicting him of petit larceny, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the prosecutor’s summation denied him due process and a fair trial is unpreserved for appellate review (see CPL 470.05 [2]; People v Nieves, 2 AD3d 539, 540 [2003]). In any event, a review of the challenged comments reveals that they were either fair comment on the evidence adduced at trial or responsive to defense counsel’s summation (see People v McHarris, 297 AD2d 824, 825 [2002]; People v Cariola, 276 AD2d 800 [2000]). Crane, J.P., Goldstein, Florio and Dillon, JJ., concur.

People v. Small, 45 A.D.3d 705, 844 N.Y.S.2d 880 (N.Y. Ct. App. 2007).

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Opinion

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