From Casetext: Smarter Legal Research

People v. Andrews

Appellate Division of the Supreme Court of New York, Second Department
Nov 8, 2004
12 A.D.3d 454 (N.Y. App. Div. 2004)

Opinion

2003-01649.

November 8, 2004.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered February 13, 2003, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Before: Smith, J.P., Adams, Crane and Skelos, JJ., concur.


Ordered that the judgment is affirmed.

The defendant's arguments regarding alleged improper comments by the prosecution during summation are unpreserved for appellate review ( see CPL 470.05; People v. Tonge, 93 NY2d 838; People v. Malave, 7 AD3d 542, lv denied 3 NY3d 600). In any event, the challenged remarks were either fair comment on the evidence, responsive to arguments made in defense counsel's summation, or harmless in light of the overwhelming evidence of the defendant's guilt ( see People v. Crimmins, 36 NY2d 230; People v. Watkins, 6 AD3d 734, 735, lv denied 3 NY3d 650; People v. Jones, 294 AD2d 517).


Summaries of

People v. Andrews

Appellate Division of the Supreme Court of New York, Second Department
Nov 8, 2004
12 A.D.3d 454 (N.Y. App. Div. 2004)
Case details for

People v. Andrews

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC ANDREWS, Appellant

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

Date published: Nov 8, 2004

Citations

12 A.D.3d 454 (N.Y. App. Div. 2004)
783 N.Y.S.2d 854