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People v. Azor

Appellate Division of the Supreme Court of New York, Second Department
Jul 16, 2001
285 A.D.2d 555 (N.Y. App. Div. 2001)

Opinion

Submitted June 5, 2001.

July 16, 2001.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kreindler, J.), rendered July 6, 1998, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.

David L. Rich, Hawthorne, N.Y., for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Stuart Boyarsky on the brief), for respondent.

Before: DAVID S. RITTER, J.P., LEO F. McGINITY, DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, JJ.


ORDERED that the judgment is affirmed.

The defendant's challenges to various remarks made by the prosecutor during summation are unpreserved for appellate review, as he failed to raise specific objections to the remarks in question (see, CPL 470.05; People v. Nuccie, 57 N.Y.2d 818; People v. Udzinski, 146 A.D.2d 245). In any event, the prosecutor's remarks "were either within the bounds of permissible rhetorical comment afforded counsel during summation, responsive to the defendant's summation, constituted fair comment on the evidence, or related to matters which were fairly inferable from the evidence" (People v. Turner, 214 A.D.2d 594; see, People v. Ashwal, 39 N.Y.2d 105).

The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).

RITTER, J.P., McGINITY, LUCIANO and FEUERSTEIN, JJ., concur.


Summaries of

People v. Azor

Appellate Division of the Supreme Court of New York, Second Department
Jul 16, 2001
285 A.D.2d 555 (N.Y. App. Div. 2001)
Case details for

People v. Azor

Case Details

Full title:THE PEOPLE, ETC., respondent, v. JEAN AZOR, appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 16, 2001

Citations

285 A.D.2d 555 (N.Y. App. Div. 2001)
727 N.Y.S.2d 885