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People v. Campbell

Appellate Division of the Supreme Court of New York, Second Department
Feb 24, 1997
236 A.D.2d 618 (N.Y. App. Div. 1997)

Opinion

February 24, 1997.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Spires, J.), rendered June 19, 1995, convicting him of criminal possession of a weapon in the third degree (two counts), upon a jury verdict, and imposing sentence.

Before: O'Brien, J.P., Thompson, Joy and Goldstein, JJ.


Ordered that the judgment is affirmed.

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 beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence ( see, CPL 470.15).

Most of the defendant's claims of prosecutorial misconduct are unpreserved for appellate review ( see, People v Medina, 53 NY2d 951, 953; People v Pope, 177 AD2d 658; CPL 470.05; see also, People v Fleming, 70 NY2d 947, 948). In any event, no reversible error took place either during cross-examination of defense witnesses or upon the prosecutor's summation. The summation did not exceed the bounds of permissible rhetorical comment ( see, People v Galloway, 54 NY2d 396).


Summaries of

People v. Campbell

Appellate Division of the Supreme Court of New York, Second Department
Feb 24, 1997
236 A.D.2d 618 (N.Y. App. Div. 1997)
Case details for

People v. Campbell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMAL CAMPBELL…

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

Date published: Feb 24, 1997

Citations

236 A.D.2d 618 (N.Y. App. Div. 1997)
654 N.Y.S.2d 667

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