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People v. Berry

Appellate Division of the Supreme Court of New York, Second Department
Mar 18, 1991
171 A.D.2d 799 (N.Y. App. Div. 1991)

Opinion

March 18, 1991

Appeal from the Supreme Court, Kings County (Fisher, J.).


Ordered that the judgment is affirmed.

We find no merit to the defendant's sole contention on appeal that the prosecutor's summation remarks deprived him of a fair trial. A review of the record indicates that the comments were generally inferable from the evidence, and responsive to portions of the defense counsel's summation. Although certain comments would have been better left unsaid, the trial court's instructions to the jury eliminated any potential prejudice to the defendant (see, People v Melendez, 158 A.D.2d 720, 721; People v Shaw, 150 A.D.2d 626, 626-627). In any event, in view of the overwhelming evidence of the defendant's guilt, the challenged comments, either individually or cumulatively, do not warrant reversal of the conviction (see, People v Melendez, supra; People v Shaw, supra). Kooper, J.P., Lawrence, Harwood and Balletta, JJ., concur.


Summaries of

People v. Berry

Appellate Division of the Supreme Court of New York, Second Department
Mar 18, 1991
171 A.D.2d 799 (N.Y. App. Div. 1991)
Case details for

People v. Berry

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VICTOR BERRY, Appellant

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

Date published: Mar 18, 1991

Citations

171 A.D.2d 799 (N.Y. App. Div. 1991)
567 N.Y.S.2d 516