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People v. Lebron

Appellate Division of the Supreme Court of New York, First Department
Apr 30, 2002
293 A.D.2d 422 (N.Y. App. Div. 2002)

Opinion

912

April 30, 2002.

Judgment, Supreme Court, Bronx County (William Mogulescu, J.), rendered April 6, 1999, convicting defendant, after a jury trial, of murder in the second degree and criminal possession of a weapon in the second degree, and sentencing him, as a second felony offender, to concurrent terms of 25 years to life and 10 years, respectively, unanimously affirmed.

Zaharah R. Markoe, for respondent.

Lorraine Maddalo pro se for defendant-appellant.

Before: Nardelli, J.P., Sullivan, Ellerin, Lerner, Rubin, JJ.


Defendant's claims regarding the prosecutor's summation are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find that the challenged remarks were fair comment on the evidence that properly responded to issues raised by the defense, and that there was no shifting of the burden of proof (see,People v. Overlee, 236 A.D.2d 133, lv denied 91 N.Y.2d 976; People v. D'Alessandro, 184 A.D.2d 114, 118-119, lv denied 81 N.Y.2d 884).

A review of the record demonstrates that defendant received meaningful representation (see, People v. Benevento, 91 N.Y.2d 708, 713-714).

We perceive no basis for a reduction in sentence.

We have considered and rejected the remaining contentions raised in defendant's pro se supplemental brief.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Lebron

Appellate Division of the Supreme Court of New York, First Department
Apr 30, 2002
293 A.D.2d 422 (N.Y. App. Div. 2002)
Case details for

People v. Lebron

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ENRIQUE LEBRON…

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

Date published: Apr 30, 2002

Citations

293 A.D.2d 422 (N.Y. App. Div. 2002)
740 N.Y.S.2d 858