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People v. Botez

Appellate Division of the Supreme Court of New York, Second Department
Apr 24, 1995
214 A.D.2d 748 (N.Y. App. Div. 1995)

Opinion

April 24, 1995

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


Ordered that the judgment is affirmed.

The defendant's claim that reversible error occurred due to the prosecutor's remarks during summation is unpreserved for appellate review since the defendant failed to object to the remarks which he now challenges on appeal (see, CPL 470.05 ; People v Balls, 69 N.Y.2d 641). In any event, the remarks were either a fair comment on the evidence, a fair response to defense counsel's summation, or were not so prejudicial as to warrant reversal in light of the overwhelming evidence of the defendant's guilt (see, People v Crimmins, 36 N.Y.2d 230).

Further, the defendant's sentence is not excessive (see, People v Suitte, 90 A.D.2d 80). Balletta, J.P., Ritter, Altman and Goldstein, JJ., concur.


Summaries of

People v. Botez

Appellate Division of the Supreme Court of New York, Second Department
Apr 24, 1995
214 A.D.2d 748 (N.Y. App. Div. 1995)
Case details for

People v. Botez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SYE BOTEZ, Appellant

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

Date published: Apr 24, 1995

Citations

214 A.D.2d 748 (N.Y. App. Div. 1995)
625 N.Y.S.2d 946