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People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Aug 1, 2005
21 A.D.3d 386 (N.Y. App. Div. 2005)

Opinion

August 1, 2005.

Appeal by the defendant from a judgment of the County Court, Nassau County (Cotter, J.), rendered May 10, 2002, convicting him of assault in the second degree (two counts), resisting arrest, obstructing governmental administration in the second degree, and violations of Vehicle and Traffic Law §§ 1163 (d) and 1180 (a), upon a jury verdict, and imposing sentence.

Before: Cozier, J.P., S. Miller, Mastro and Rivera, JJ., concur.


Ordered that the judgment is affirmed.

The defendant's contention that the People's remarks on summation constituted reversible error is unpreserved for appellate review. The defendant either failed to object to the remarks, made only a general objection, or moved belatedly for a mistrial ( see CPL 470.05; People v. Malave, 7 AD3d 542; People v. White, 5 AD3d 511; People v. Williams [Sean], 305 AD2d 703; People v. Jones, 294 AD2d 517). In any event, the challenged remarks either were fair comment on the evidence, permissive rhetorical comment, or responsive to the defense counsel's summation ( see People v. Filipe, 7 AD3d 539; cf. People v. Ashwal, 39 NY2d 105).


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Aug 1, 2005
21 A.D.3d 386 (N.Y. App. Div. 2005)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANZEL SMITH, Appellant

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

Date published: Aug 1, 2005

Citations

21 A.D.3d 386 (N.Y. App. Div. 2005)
798 N.Y.S.2d 911