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People v. Simmons

Appellate Division of the Supreme Court of New York, First Department
Apr 20, 2004
6 A.D.3d 275 (N.Y. App. Div. 2004)

Opinion

3391.

Decided April 20, 2004.

Judgment, Supreme Court, New York County (William Leibovitz, J.), rendered June 25, 2001, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 5 to 10 years, unanimously affirmed.

Robert S. Dean, Center for Appellate Litigation, New York (Peter Theis of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Lauren B. Cardonsky of counsel), for respondent.

Before: Tom, J.P., Saxe, Williams, Friedman, Marlow, JJ.


By failing to object, or by making a generalized objection, defendant did not preserve his present challenges to the prosecutor's summation ( see e.g. People v. Harris, 98 N.Y.2d 452, 492 n 18) and we decline to review them in the interest of justice. Were we to review these claims, we would find that the challenged remarks generally suggested reasonable inferences from the evidence, and that the summation did not deprive defendant of a fair trial ( see People v. Overlee, 236 A.D.2d 133, lv denied 91 N.Y.2d 976; People v. D'Alessandro, 184 A.D.2d 114, 118-119, lv denied 81 N.Y.2d 884).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Simmons

Appellate Division of the Supreme Court of New York, First Department
Apr 20, 2004
6 A.D.3d 275 (N.Y. App. Div. 2004)
Case details for

People v. Simmons

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN SIMMONS…

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

Date published: Apr 20, 2004

Citations

6 A.D.3d 275 (N.Y. App. Div. 2004)
774 N.Y.S.2d 695

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