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People v. Moyston

Appellate Division of the Supreme Court of New York, Second Department
Jul 30, 2001
285 A.D.2d 657 (N.Y. App. Div. 2001)

Opinion

Argued June 14, 2001.

July 30, 2001.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Katz, J.), rendered December 8, 1999, convicting him of attempted murder in the second degree, robbery in the first degree, criminal possession of a weapon in the second degree, and robbery in the second degree (two counts), upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (Jennifer K. Danburg of counsel), for appellant, and appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, Lisa Drury, and Keith Kalmus of counsel), for respondent.

Before: CORNELIUS J. O'BRIEN, J.P., GABRIEL M. KRAUSMAN, NANCY E. SMITH, THOMAS A. ADAMS, JJ.


ORDERED that the judgment is affirmed.

The defendant's contentions that certain comments made by the prosecutor during summation constituted reversible error are, for the most part, unpreserved for appellate review (see, People v. Bynum, 70 N.Y.2d 858, 859; People v. Medina, 53 N.Y.2d 951) and, in any event, without merit (see, People v. Galloway, 54 N.Y.2d 396, 399; People v. Harris, 209 A.D.2d 432).

Contrary to the contentions raised by the defendant in his supplemental pro se brief, he received the effective assistance of counsel (see, People v. Sinclair, 266 A.D.2d 482).

The defendant's remaining contention does not require reversal.

O'BRIEN, J.P., KRAUSMAN, SMITH and ADAMS, JJ., concur.


Summaries of

People v. Moyston

Appellate Division of the Supreme Court of New York, Second Department
Jul 30, 2001
285 A.D.2d 657 (N.Y. App. Div. 2001)
Case details for

People v. Moyston

Case Details

Full title:THE PEOPLE, ETC., respondent, v. EWAN MOYSTON, appellant

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

Date published: Jul 30, 2001

Citations

285 A.D.2d 657 (N.Y. App. Div. 2001)
728 N.Y.S.2d 393