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People v. Lopez

Appellate Division of the Supreme Court of New York, Second Department
Feb 20, 1990
158 A.D.2d 623 (N.Y. App. Div. 1990)

Opinion

February 20, 1990

Appeal from the Supreme Court, Kings County (Kooper, J.).


Ordered that the judgment is affirmed.

The defendant was charged and tried with codefendants Jose Suarez and Alex Cruz as accomplices in a youth gang shooting and related offenses which culminated in the death of a bystander, eight-year-old Edgar Gonzales (see, People v Suarez, 158 A.D.2d 632 [decided herewith]).

The defendant attributes prejudicial error to certain of the prosecutor's remarks on summation. Only one of these alleged errors was properly preserved for appellate review (see, CPL 470.05). The objections made by the codefendants did not preserve the allegations of error for this defendant (see, People v Teeter, 47 N.Y.2d 1002, 1003). In any event, we find that none of the prosecutor's comments substantially prejudiced the defendant's trial or exceeded the bounds of permissible rhetorical comment (see, People v Galloway, 54 N.Y.2d 396).

We have examined the defendant's remaining contentions and find they are without merit. Lawrence, J.P., Rubin, Sullivan and Balletta, JJ., concur.


Summaries of

People v. Lopez

Appellate Division of the Supreme Court of New York, Second Department
Feb 20, 1990
158 A.D.2d 623 (N.Y. App. Div. 1990)
Case details for

People v. Lopez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICCARDO LOPEZ…

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

Date published: Feb 20, 1990

Citations

158 A.D.2d 623 (N.Y. App. Div. 1990)
551 N.Y.S.2d 606

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