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People v. Davis

Appellate Division of the Supreme Court of New York, Second Department
Mar 30, 1998
248 A.D.2d 724 (N.Y. App. Div. 1998)

Opinion

March 30, 1998

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


Ordered that the judgment is affirmed.

The defendant's claim that he was denied a fair trial as a result of the prosecutor's comments during summation is without merit since the court sustained the defendant's objections and provided curative instructions to the jury, thereby curing any possible prejudice that might have resulted ( see, People v. Ferrara, 220 A.D.2d 612, 613; People v. Godbolt, 209 A.D.2d 540; People v. Rivera, 142 A.D.2d 614, 616; People v. Jefferson, 136 A.D.2d 655, 657).

The defendant further contends that he was deprived of his constitutional right to the effective assistance of counsel. However, the representation afforded him did not fall below constitutional requirements ( see, People v. Flores, 84 N.Y.2d 184; People v. Rivera, 71 N.Y.2d 705, 708).

The sentence imposed was not excessive ( see, People v. Suitte, 90 A.D.2d 80, 85-86).

The defendant's remaining contentions are either unpreserved for appellate review ( see, CPL 470.05) or without merit.

Bracken, J. P., O'Brien, Copertino and Pizzuto, JJ., concur.


Summaries of

People v. Davis

Appellate Division of the Supreme Court of New York, Second Department
Mar 30, 1998
248 A.D.2d 724 (N.Y. App. Div. 1998)
Case details for

People v. Davis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES DAVIS, Also…

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

Date published: Mar 30, 1998

Citations

248 A.D.2d 724 (N.Y. App. Div. 1998)
673 N.Y.S.2d 915