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People v. Parnell

Appellate Division of the Supreme Court of New York, Second Department
Jun 22, 1992
184 A.D.2d 739 (N.Y. App. Div. 1992)

Opinion

June 22, 1992

Appeal from the Supreme Court, Queens County (Linakis, J.).


Ordered that the judgment is affirmed.

The defendant was charged with multiple counts of possession, inter alia, of controlled substances and narcotics paraphernalia, recovered after a police raid of a suspected crack cocaine distribution site (see, People v. Legister, 184 A.D.2d 734 [decided herewith]). Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).

The defendant claims that certain of the prosecutor's remarks on summation constituted reversible error. Only one of these alleged errors was properly preserved for appellate review (see, CPL 470.05). In any event, 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).

Upon a review of the court's jury charge, we find that the court's instructions "adequately conveyed to the jury the appropriate standards" of proof (People v. Graziano, 151 A.D.2d 775, 775-776).

The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are either unpreserved for appellate review or without merit. Harwood, J.P., Rosenblatt, Ritter and Pizzuto, JJ., concur.


Summaries of

People v. Parnell

Appellate Division of the Supreme Court of New York, Second Department
Jun 22, 1992
184 A.D.2d 739 (N.Y. App. Div. 1992)
Case details for

People v. Parnell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEROY PARNELL…

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

Date published: Jun 22, 1992

Citations

184 A.D.2d 739 (N.Y. App. Div. 1992)

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People v. Legister

The defendant was charged with multiple counts of possession, inter alia, of controlled substances and…