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People v. Sheppard

Appellate Division of the Supreme Court of New York, First Department
Jun 28, 1990
162 A.D.2d 418 (N.Y. App. Div. 1990)

Opinion

June 28, 1990

Appeal from the Supreme Court, New York County (Ira F. Beal, J.).


While Officer James Gilmore was in a building lobby investigating a fight, he saw defendant, clutching a plastic bag containing a white powdery substance, run down the stairs and out of the building. Defendant was accompanied by a man wielding a gun. Three other men with guns chased after them. Officer Gilmore gave chase and ultimately caught defendant and placed him under arrest. Defendant had dropped the plastic bag when he was apprehended. The bag contained over three ounces of cocaine. Eight vials of crack containing over five grams of cocaine were also recovered from defendant's possession.

On appeal, defendant raises several claims regarding the prosecutor's summation. Most of these issues are unpreserved as a matter of law and we therefore decline to address them. (CPL 470.05.) Were we, however, to consider these issues in the interests of justice, we would, nevertheless, find them, as well as the preserved claims, to be without merit. The prosecutor's comments were appropriate remarks on the issues before the jury and were fair responses to defendant's summation attack on the police officer's credibility. (See, People v. Ashwal, 39 N.Y.2d 105; see also, People v. Marks, 6 N.Y.2d 67, 77-78, cert denied 362 U.S. 912.)

Concur — Sullivan, J.P., Ross, Carro, Milonas and Rosenberger, JJ.


Summaries of

People v. Sheppard

Appellate Division of the Supreme Court of New York, First Department
Jun 28, 1990
162 A.D.2d 418 (N.Y. App. Div. 1990)
Case details for

People v. Sheppard

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RUDY SHEPPARD…

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

Date published: Jun 28, 1990

Citations

162 A.D.2d 418 (N.Y. App. Div. 1990)
557 N.Y.S.2d 72