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People v. Faustin

Appellate Division of the Supreme Court of New York, Second Department
Dec 5, 2006
35 A.D.3d 499 (N.Y. App. Div. 2006)

Opinion

No. 2002-04664 (Ind. No. 2581/00).

December 5, 2006.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Blumenfeld, J.), rendered April 29, 2002, convicting him of assault in the first degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (De Nice Powell of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Jill Gross-Marks of counsel), for respondent.

Before: Schmidt, J.P., Mastro, Fisher and Dillon, JJ., concur.


Ordered that the judgment is affirmed.

The defendant claims that he was deprived of a fair trial by prosecutorial misconduct during trial and on summation. However, except for his claims that the prosecutor on summation misstated the defense counsel's closing argument and attacked the defense counsel's integrity, his contentions are unpreserved for appellate review ( see CPL 470.05; People v Medina, 53 NY2d 951, 953). In any event, his claims are without merit and any error was harmless in light of the overwhelming evidence of his guilt ( see People v Crimmins, 36 NY2d 230, 242).


Summaries of

People v. Faustin

Appellate Division of the Supreme Court of New York, Second Department
Dec 5, 2006
35 A.D.3d 499 (N.Y. App. Div. 2006)
Case details for

People v. Faustin

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEAN FAUSTIN, Appellant

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

Date published: Dec 5, 2006

Citations

35 A.D.3d 499 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 9273
826 N.Y.S.2d 139

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