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People v. Azor

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
May 15, 2019
172 A.D.3d 1087 (N.Y. App. Div. 2019)

Opinion

2017–03889 Ind. No. 1715/14

05-15-2019

484The PEOPLE, etc., Respondent, v. Jean W. AZOR, Appellant.

Paul Skip Laisure, New York, N.Y. (Hannah Zhao of counsel), for appellant. John M. Ryan, Acting District Attorney, Kew Gardens, N.Y. (John M. Castellano and Johnnette Traill of counsel), for respondent.


Paul Skip Laisure, New York, N.Y. (Hannah Zhao of counsel), for appellant.

John M. Ryan, Acting District Attorney, Kew Gardens, N.Y. (John M. Castellano and Johnnette Traill of counsel), for respondent.

REINALDO E. RIVERA, J.P., CHERYL E. CHAMBERS, JEFFREY A. COHEN, ANGELA G. IANNACCI, JJ.

DECISION & ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that certain comments made by the prosecutor during summation were improper and deprived him of a fair trial is unpreserved for appellate review, since the defendant either failed to object to the remarks he now challenges or made only a general one-word objection (see CPL 470.05[2] ; People v. Bragg , 161 A.D.3d 998, 998–999, 77 N.Y.S.3d 435 ; People v. Martin , 116 A.D.3d 981, 982, 983 N.Y.S.2d 813 ; People v. Allen , 114 A.D.3d 958, 959, 982 N.Y.S.2d 322 ). In any event, the defendant's contention is without merit, as the comments were either fair comment on the evidence and the reasonable inferences to be drawn therefrom, fair response to the defendant's summation, or permissible rhetorical comment (see People v. Young , 141 A.D.3d 551, 552, 35 N.Y.S.3d 248 ; People v. Martin , 116 A.D.3d at 982–983, 983 N.Y.S.2d 813 ; People v. Allen , 114 A.D.3d at 959, 982 N.Y.S.2d 322 ).

RIVERA, J.P., CHAMBERS, COHEN and IANNACCI, JJ., concur.


Summaries of

People v. Azor

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
May 15, 2019
172 A.D.3d 1087 (N.Y. App. Div. 2019)
Case details for

People v. Azor

Case Details

Full title:The People of the State of New York, respondent, v. Jean W. Azor…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: May 15, 2019

Citations

172 A.D.3d 1087 (N.Y. App. Div. 2019)
2019 N.Y. Slip Op. 3800
98 N.Y.S.3d 484

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