From Casetext: Smarter Legal Research

People v. Boyd

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Feb 25, 2015
2015 N.Y. Slip Op. 1659 (N.Y. App. Div. 2015)

Opinion

2012-06088

02-25-2015

The People of the State of New York, respondent, v. Anthony Boyd, appellant.

Lynn W. L. Fahey, New York, N.Y. (Dina Zloczower of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Keith Dolan, and Akash Toprani of counsel), for respondent.


JOHN M. LEVENTHAL

ROBERT J. MILLER

JOSEPH J. MALTESE, JJ. (Ind. No. 2257/11)

Lynn W. L. Fahey, New York, N.Y. (Dina Zloczower of counsel), for appellant.

Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Keith Dolan, and Akash Toprani of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (J. Goldberg, J.), rendered June 7, 2012, convicting him of burglary in the second degree and attempted trespass in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention that the Supreme Court excused potential jurors based upon hardship without conducting a sufficient inquiry is unpreserved for appellate review (see People v Harris, 115 AD3d 761, 762; People v Umana, 76 AD3d 1111, 1112; People v Gonzalez, 68 AD3d 627; People v Casanova, 62 AD3d 88, 92; People v Toussaint, 40 AD3d 1017, 1017-1018) and, in any event, without merit (see People v Umana, 76 AD3d at 1112; People v Toussaint, 40 AD3d at 1017-1018).

The defendant failed to preserve for appellate review his argument that the evidence was legally insufficient to establish his guilt of burglary in the second degree beyond a reasonable doubt (see People v Hawkins, 11 NY3d 484, 491-492; People v Gray, 86 NY2d 10; People v Udzinski, 146 AD2d 245). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant's guilt of that crime beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt of that crime was not against the weight of the evidence (see CPL 470.15[5]).

The defendant's contention that reversal is required by virtue of various comments made by the prosecutor during summation is unpreserved for appellate review (see CPL 470.05[2]). In any event, the challenged comments were either fair response to the remarks made by the defense counsel on summation, or not so egregious as to have deprived the defendant of a fair trial (see People v Tiro, 100 AD3d 663).

MASTRO, J.P., LEVENTHAL, MILLER and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

People v. Boyd

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Feb 25, 2015
2015 N.Y. Slip Op. 1659 (N.Y. App. Div. 2015)
Case details for

People v. Boyd

Case Details

Full title:The People of the State of New York, respondent, v. Anthony Boyd…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Feb 25, 2015

Citations

2015 N.Y. Slip Op. 1659 (N.Y. App. Div. 2015)