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People v. Darby

Appellate Division of the Supreme Court of New York, Second Department
Aug 15, 2000
275 A.D.2d 377 (N.Y. App. Div. 2000)

Opinion

Argued May 16, 2000

August 15, 2000.

Defendant appeals from a judgment of the Supreme Court, Queens County (McDonald, J.), rendered June 17, 1998, convicting him of manslaughter in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (Steven R. Bernhard of counsel), for appellant, and appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and James A. Dolan of counsel; Christopher J. Blira-Koessler on the brief), for respondent.

Before: DAVID S. RITTER, J.P., THOMAS R. SULLIVAN, ANITA R. FLORIO, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's challenges to the prosecutor's summation are unpreserved for appellate review and, in any event, are without merit. For the most part, the prosecutor's summation remarks constituted either appropriate responses to defense counsel's summation or fair comment on the evidence (see, People v. Galloway, 54 N.Y.2d 396; People v. Ashwal, 39 N.Y.2d 105; People v. Antonucci, ___ A.D.2d ___ [2d Dept., Mar. 13, 2000]; People v. Samuels, 265 A.D.2d 582).

To the extent the remarks were improper, they were the subject of appropriate curative instructions (see, People v. Baines, ___ A.D.2d ___ [2d Dept., Mar. 6, 2000]; People v. Hawthorne, 175 A.D.2d 880, mod. on other grounds, 80 N.Y.2d 873).

The defendant's remaining contentions in his supplemental pro se brief are unpreserved for appellate review and, in any event, are without merit.


Summaries of

People v. Darby

Appellate Division of the Supreme Court of New York, Second Department
Aug 15, 2000
275 A.D.2d 377 (N.Y. App. Div. 2000)
Case details for

People v. Darby

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. TRENNELL DARBY, APPELLANT. (Ind. No…

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

Date published: Aug 15, 2000

Citations

275 A.D.2d 377 (N.Y. App. Div. 2000)
712 N.Y.S.2d 421