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People v. Stevenson

245 A.D.2d 319, 670 N.Y.S.2d 114, 1997 N.Y. App. Div. LEXIS 12045
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 1, 1997
StatusPublished

This text of 245 A.D.2d 319 (People v. Stevenson) 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. Stevenson, 245 A.D.2d 319, 670 N.Y.S.2d 114, 1997 N.Y. App. Div. LEXIS 12045 (N.Y. Ct. App. 1997).

Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Kangs County (Brill, J.), rendered February 2, 1996, convicting him of assault in the second degree and promoting prison contraband in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the prosecutor made improper remarks during summation is unpreserved for appellate review (see, CPL 470.05 [2]; People v Tevaha, 84 NY2d 879; People v Tardbania, 72 NY2d 852, 853). In any event, while the contested remarks would have been better left [320]*320unsaid, in light of the overwhelming evidence of the defendant’s guilt, any error in the prosecution’s summation was harmless (see, People v Crimmins, 36 NY2d 230, 242; People v Ortiz, 239 AD2d 611; People v Melendez, 143 AD2d 946, 947). Thompson, J. P., Pizzuto, Joy and Florio, JJ., concur.

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Related

People v. Tevaha
644 N.E.2d 1342 (New York Court of Appeals, 1994)
People v. Crimmins
326 N.E.2d 787 (New York Court of Appeals, 1975)
People v. Tardbania
528 N.E.2d 507 (New York Court of Appeals, 1988)
People v. Melendez
143 A.D.2d 946 (Appellate Division of the Supreme Court of New York, 1988)
People v. Ortiz
239 A.D.2d 611 (Appellate Division of the Supreme Court of New York, 1997)

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Bluebook (online)
245 A.D.2d 319, 670 N.Y.S.2d 114, 1997 N.Y. App. Div. LEXIS 12045, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-stevenson-nyappdiv-1997.