From Casetext: Smarter Legal Research

People v. Gordon

Appellate Division of the Supreme Court of New York, Second Department
Apr 22, 1991
172 A.D.2d 771 (N.Y. App. Div. 1991)

Opinion

April 22, 1991

Appeal from the Supreme Court, Queens County (O'Brien, J.).


Ordered that the judgment is affirmed.

The defendant contends on appeal that he was deprived of a fair trial because the prosecutor made statements on summation which denigrated the credibility of the defense witness. Since the defendant did not object to any statements made by the prosecutor during his summation, the defendant's claim is unpreserved for appellate review (see, CPL 470.05). In any event, it was not error for the prosecutor to comment on the credibility of the defense witness since defense counsel had raised her credibility as an issue during his summation (see, People v. Torres, 121 A.D.2d 663, 664). Kunzeman, J.P., Kooper, Lawrence and Harwood, JJ., concur.


Summaries of

People v. Gordon

Appellate Division of the Supreme Court of New York, Second Department
Apr 22, 1991
172 A.D.2d 771 (N.Y. App. Div. 1991)
Case details for

People v. Gordon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALEX GORDON, Appellant

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

Date published: Apr 22, 1991

Citations

172 A.D.2d 771 (N.Y. App. Div. 1991)

Citing Cases

People v. Sanchez

05; People v. Balls, 69 N.Y.2d 641). In any event, the prosecutor's comments did not exceed the broad bounds…

People v. Brown

Accordingly, as the defendant did not demonstrate that the uncalled witness would have been in a position to…