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People v. Berry

Appellate Division of the Supreme Court of New York, Second Department
Apr 28, 1997
238 A.D.2d 600 (N.Y. App. Div. 1997)

Opinion

April 28, 1997


Appeal by the defendant from a judgment of the County Court, Westchester County (Angiolillo, J.), rendered December 5, 1995, convicting her of murder in the second degree and petit larceny, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's challenge to the prosecutor's comments on summation is unpreserved for appellate review ( see, CPL 470.05; People v. Dien, 77 N.Y.2d 885, 886). In any event, none of the prosecutor's remarks on summation substantially prejudiced the defendant's trial or exceeded the bounds of permissible rhetorical comment ( see, People v. Galloway, 54 N.Y.2d 396, 399). Bracken, J.P., Copertino, Santucci and McGinity, JJ., concur.


Summaries of

People v. Berry

Appellate Division of the Supreme Court of New York, Second Department
Apr 28, 1997
238 A.D.2d 600 (N.Y. App. Div. 1997)
Case details for

People v. Berry

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CYNTHIA BERRY…

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

Date published: Apr 28, 1997

Citations

238 A.D.2d 600 (N.Y. App. Div. 1997)
657 N.Y.S.2d 964