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People v. Davies

Appellate Division of the Supreme Court of New York, Second Department
Apr 14, 1997
238 A.D.2d 437 (N.Y. App. Div. 1997)

Opinion

April 14, 1997


Appeal by the defendant from (1) a judgment of the Supreme Court, Kings County (Martin, J.), rendered November 13, 1995, convicting him of criminal possession of a weapon in the second degree under Indictment No. 13627/94, upon a jury verdict, and imposing sentence, and (2) a judgment of the same court (Firetog, J.), rendered November 28, 1995, convicting him of manslaughter in the first degree under Indictment No. 13608/94, upon his plea of guilty, and imposing sentence.

Ordered that the judgments are affirmed.

The defendant's challenges to various remarks made by the prosecutor during his summation are mostly unpreserved for appellate review ( see, CPL 470.05; see, People v. Reeder,

221 A.D.2d 666). In any event, many of the comments were fair responses to the arguments presented in the defense counsel's summation ( see, People v. Galloway, 54 N.Y.2d 396). Furthermore, while some of the prosecutor's comments were objectionable, any error was harmless given the overwhelming evidence of the defendant's guilt ( see, People v. Crimmins, 36 N.Y.2d 230).

The sentences imposed were not excessive ( see, People v Suitte, 90 A.D.2d 80). Altman, J.P., Friedmann, Goldstein and Luciano, JJ., concur.


Summaries of

People v. Davies

Appellate Division of the Supreme Court of New York, Second Department
Apr 14, 1997
238 A.D.2d 437 (N.Y. App. Div. 1997)
Case details for

People v. Davies

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEROME DAVIES, Also…

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

Date published: Apr 14, 1997

Citations

238 A.D.2d 437 (N.Y. App. Div. 1997)
657 N.Y.S.2d 350