From Casetext: Smarter Legal Research

People v. Kelly

Appellate Division of the Supreme Court of New York, First Department
Jan 25, 1990
157 A.D.2d 588 (N.Y. App. Div. 1990)

Opinion

January 25, 1990

Appeal from the Supreme Court, New York County (Edward McLaughlin, J.).


Defendant was found guilty of snatching a chain from the complainant when she stopped while descending subway stairs at 34th Street and Sixth Avenue in Manhattan around 6:30 P.M. on July 16, 1987. He was arrested shortly afterward when he was found hiding under a car in a nearby garage.

Defendant's sole contention on appeal, that the prosecutor's summation deprived him of a fair trial by diminishing and shifting the burden of proof, injecting facts into the record, and disparaging and misrepresenting the defense, is without merit. Defendant did not object to any of the comments which he contends shifted the burden of proof or disparaged the defense or introduced new evidence. These issues were, therefore, not preserved for review as a matter of law. Moreover, the summation was fair and an appropriate response to the summation of the defense.

Concur — Ross, J.P., Asch, Milonas, Kassal and Smith, JJ.


Summaries of

People v. Kelly

Appellate Division of the Supreme Court of New York, First Department
Jan 25, 1990
157 A.D.2d 588 (N.Y. App. Div. 1990)
Case details for

People v. Kelly

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LARRY KELLY, Appellant

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

Date published: Jan 25, 1990

Citations

157 A.D.2d 588 (N.Y. App. Div. 1990)
550 N.Y.S.2d 334