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People v. Wesolowski

Appellate Division of the Supreme Court of New York, Second Department
Apr 7, 1997
238 A.D.2d 363 (N.Y. App. Div. 1997)

Opinion

April 7, 1997


Appeals by the defendant from (1) a judgment of the County Court, Suffolk County (Weissman, J.), rendered March 13, 1995, convicting him of robbery in the first degree under Indictment No. 2634/93, upon a jury verdict, and (2) a judgment of the same court (Cotter, J.), rendered June 15, 1995, convicting him of attempted assault in the second degree under Indictment No. 1334/93, upon his plea of guilty, and imposing sentences.

Ordered that the judgments are affirmed.

The defendant's contention that reversible error took place by virtue of prosecutorial misconduct during summation is largely unpreserved for appellate review and, in any event, without merit. Two of the three comments now complained of were not the subject of trial objections and, accordingly, claims regarding those comments are unpreserved for appellate review ( see, CPL 470.05). In any event, the prosecutor's comments constituted fair response to defense counsel's summation ( see, People v Russo, 201 A.D.2d 512, affd 85 N.Y.2d 872) or do not require reversal.

The defendant's remaining contentions are either unpreserved for appellate review or without merit. Mangano, P.J., O'Brien, Thompson and Goldstein, JJ., concur.


Summaries of

People v. Wesolowski

Appellate Division of the Supreme Court of New York, Second Department
Apr 7, 1997
238 A.D.2d 363 (N.Y. App. Div. 1997)
Case details for

People v. Wesolowski

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT WESOLOWSKI…

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

Date published: Apr 7, 1997

Citations

238 A.D.2d 363 (N.Y. App. Div. 1997)
656 N.Y.S.2d 921