From Casetext: Smarter Legal Research

People v. Joseph

Appellate Division of the Supreme Court of New York, Second Department
Oct 28, 2002
298 A.D.2d 601 (N.Y. App. Div. 2002)

Opinion

2000-06543

Submitted October 11, 2002.

October 28, 2002.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered June 22, 2000, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (Jennifer K. Danburg of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diane R. Eisner of counsel), for respondent.

Before: CORNELIUS J. O'BRIEN, J.P., GABRIEL M. KRAUSMAN, SANDRA L. TOWNES, REINALDO E. RIVERA, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's sole contention, that certain comments made by the prosecutor during summation constituted reversible error, is unpreserved for appellate review. The defendant either failed to make specific and timely objections (see CPL 470.05; People v. Woods, 296 A.D.2d 430, lv denied 98 N.Y.2d 715; People v. Hilliard, 279 A.D.2d 590), or failed to seek further ameliorative action after his objections were sustained (see People v. Medina, 53 N.Y.2d 951; People v. Woods, supra; People v. Hernandez, 258 A.D.2d 666; People v. Stevens, 218 A.D.2d 678). In any event, the prosecutor's comments were well within the bounds of permissible rhetorical comment, or were a fair response to the statements contained in the defense counsel's summation (see People v. Halm, 81 N.Y.2d 819; People v. Galloway, 54 N.Y.2d 396; People v. Pope, 253 A.D.2d 443; People v. Davis, 223 A.D.2d 652; People v. Elliot, 216 A.D.2d 576; People v. Stith, 215 A.D.2d 789).

O'BRIEN, J.P., KRAUSMAN, TOWNES and RIVERA, JJ., concur.


Summaries of

People v. Joseph

Appellate Division of the Supreme Court of New York, Second Department
Oct 28, 2002
298 A.D.2d 601 (N.Y. App. Div. 2002)
Case details for

People v. Joseph

Case Details

Full title:THE PEOPLE, ETC., respondent, v. JERRY JOSEPH, appellant

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

Date published: Oct 28, 2002

Citations

298 A.D.2d 601 (N.Y. App. Div. 2002)
748 N.Y.S.2d 700

Citing Cases

People v. Williams

The defendant's contention that certain comments made by the prosecutor constituted reversible error is…

People v. Shelton

Furthermore, we disagree with our dissenting colleague's position that reversal is required because the…