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People v. Esplinard

Appellate Division of the Supreme Court of New York, Second Department
Mar 4, 1991
171 A.D.2d 675 (N.Y. App. Div. 1991)

Opinion

March 4, 1991

Appeal from the Supreme Court, Kings County (Broomer, J.).


Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review the propriety of the prosecutor's remarks on summation (see, CPL 470.05) and, in any event, her comments were either within the bounds of permissible advocacy, or in answer to issues raised by the defense, or harmless error (see, People v Galloway, 54 N.Y.2d 396; People v Ashwal, 39 N.Y.2d 105; People v Jackson, 124 A.D.2d 823).

The defendant's claim that the court's charge was unbalanced is also unpreserved for appellate review (see, CPL 470.05). In any event, viewing the charge as a whole, the jury was properly instructed about the rules to be applied in arriving at its verdict and none of the claimed errors warrant reversal of the defendant's conviction in the exercise of our interest of justice jurisdiction (see, People v Canty, 60 N.Y.2d 830, 832; People v Russo, 133 A.D.2d 477; People v Jackson, 45 A.D.2d 828, affd 39 N.Y.2d 64).

In light of the defendant's numerous prior convictions, the sentence was not excessive (see, People v Suitte, 90 A.D.2d 80). Kooper, J.P., Lawrence, Harwood and Miller, JJ., concur.


Summaries of

People v. Esplinard

Appellate Division of the Supreme Court of New York, Second Department
Mar 4, 1991
171 A.D.2d 675 (N.Y. App. Div. 1991)
Case details for

People v. Esplinard

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CORNELIO ESPLINARD…

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

Date published: Mar 4, 1991

Citations

171 A.D.2d 675 (N.Y. App. Div. 1991)