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People v. Graham

Appellate Division of the Supreme Court of New York, Second Department
Jun 26, 1995
216 A.D.2d 580 (N.Y. App. Div. 1995)

Opinion

June 26, 1995

Appeal from the Supreme Court, Queens County (Rosenzweig, J.).


Ordered that the judgment is affirmed.

Most of the challenged comments that were made by the prosecutor during his summation were fair responses to defense counsel's summation or within the bounds of proper rhetorical comment (see, People v. Arce, 42 N.Y.2d 179; People v. Galloway, 54 N.Y.2d 396). Moreover, any improper comments do not warrant reversal of the defendant's conviction in view of the overwhelming evidence of the defendant's guilt (see, People v Morgan, 66 N.Y.2d 255; People v. Crimmins, 36 N.Y.2d 230).

The defendant's sentence was neither harsh nor excessive (see, People v. Delgado, 80 N.Y.2d 780; People v. Suitte, 90 A.D.2d 80). Sullivan, J.P., Pizzuto, Santucci and Goldstein, JJ., concur.


Summaries of

People v. Graham

Appellate Division of the Supreme Court of New York, Second Department
Jun 26, 1995
216 A.D.2d 580 (N.Y. App. Div. 1995)
Case details for

People v. Graham

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OTIS GRAHAM, Appellant

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

Date published: Jun 26, 1995

Citations

216 A.D.2d 580 (N.Y. App. Div. 1995)
628 N.Y.S.2d 576