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People v. Phifer

Appellate Division of the Supreme Court of New York, Second Department
Dec 6, 2000
278 A.D.2d 254 (N.Y. App. Div. 2000)

Opinion

Argued October 30, 2000.

December 6, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Friedman, J.), rendered May 1, 1997, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree, upon a jury verdict, and imposing sentence.

Joanne Rowland, New York, N.Y., for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Sholom J. Twersky of counsel), for respondent.

Before: WILLIAM D. FRIEDMANN, J.P., GLORIA GOLDSTEIN, HOWARD MILLER, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's claim that various comments made by the prosecutor during summation require reversal is partly unpreserved for appellate review (see, CPL 470.05; People v. Medina, 53 N.Y.2d 951). In any event, the prosecutor's remarks were fair comment on the evidence, fair response to the defense counsel's summation remarks, or harmless in light of the overwhelming evidence of the defendant's guilt (see, People v. Crimmins, 36 N.Y.2d 230; People v. Patrona, 232 A.D.2d 432; People v. Woodson, 198 A.D.2d 535).

The defendant's remaining contentions are unpreserved for appellate review and, in any event, are without merit.


Summaries of

People v. Phifer

Appellate Division of the Supreme Court of New York, Second Department
Dec 6, 2000
278 A.D.2d 254 (N.Y. App. Div. 2000)
Case details for

People v. Phifer

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. ELDEN PHIFER, APPELLANT. (IND. NO…

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

Date published: Dec 6, 2000

Citations

278 A.D.2d 254 (N.Y. App. Div. 2000)
716 N.Y.S.2d 913