People v. Neal

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEROY NEAL, Appellant

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

Date published: Jan 31, 1994

200 A.D.2d 773 (N.Y. App. Div. 1994)

608 N.Y.S.2d 861

Opinion

January 31, 1994

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

Ordered that the judgment is affirmed.

The defendant's contentions regarding the prosecutor's remarks during her summation are unpreserved for appellate review (see, CPL 470.05). In any event, the prosecutor's remarks were fair comment on the evidence (see, People v. Ashwal, 39 N.Y.2d 105), fair response to the defense counsel's summation (see, People v Colon, 122 A.D.2d 151), or harmless error in light of the overwhelming evidence of the defendant's guilt (see, People v Crimmins, 36 N.Y.2d 230).

We find that the sentence imposed was not unduly harsh or excessive. Sullivan, J.P., Rosenblatt, Pizzuto and Joy, JJ., concur.