From Casetext: Smarter Legal Research

People v. Joyner

Appellate Division of the Supreme Court of New York, Second Department
Jun 12, 2000
273 A.D.2d 322 (N.Y. App. Div. 2000)

Opinion

Submitted May 9, 2000.

June 12, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (D'Emic, J.), rendered April 1, 1998, convicting him of criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Robin C. Smith, Brooklyn, N.Y., for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Monique Ferrell of counsel), for respondent.

Before: DAVID S. RITTER, J.P., FRED T. SANTUCCI, MYRIAM J. ALTMAN, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant contends that comments made by the prosecutor during jury selection and summation constituted reversible error. However, several of the claimed errors are not preserved for appellate review, since the defendant never objected to them at trial (see, People v. Gray, 86 N.Y.2d 10; People v. Balls, 69 N.Y.2d 641). In any event, while some of the remarks were improper, they were harmless in light of the overwhelming evidence of the defendant's identity as the individual who possessed the drugs (see, People v. Gonzalez, 229 A.D.2d 398; People v. Reeder, 221 A.D.2d 666; People v. Rogha, 213 A.D.2d 266).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.


Summaries of

People v. Joyner

Appellate Division of the Supreme Court of New York, Second Department
Jun 12, 2000
273 A.D.2d 322 (N.Y. App. Div. 2000)
Case details for

People v. Joyner

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. LEONARD JOYNER, APPELLANT. (IND. NO…

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

Date published: Jun 12, 2000

Citations

273 A.D.2d 322 (N.Y. App. Div. 2000)
710 N.Y.S.2d 540