From Casetext: Smarter Legal Research

People v. Walker

Appellate Division of the Supreme Court of New York, Second Department
Feb 13, 1996
224 A.D.2d 559 (N.Y. App. Div. 1996)

Opinion

February 13, 1996

Appeal from the County Court, Suffolk County (Lefkowitz, J.).


Ordered that the judgment is affirmed.

The defendant's contention that reversible error took place by virtue of prosecutorial misconduct during cross examination and summation is without merit. Many of the comments now complained of were not the subject of trial objections and, accordingly, the claims relating to those comments are not preserved for appellate review (see, CPL 470.05). In any event, the prosecutor's comments, for the most part, constituted fair responses to defense counsel's direct examination and summation commentary (see, People v. Russo, 201 A.D.2d 512, affd 85 N.Y.2d 872; People v. Sanchez, 197 A.D.2d 548). Further, any error was harmless in light of the overwhelming evidence of the defendant's guilt and the court's subsequent instruction, which served to cure any alleged prejudice (see, People v. Crimmins, 36 N.Y.2d 230, 237).

The sentence was neither harsh nor excessive (see, People v Suitte, 90 A.D.2d 80).

The defendant's remaining contentions, including those contained in his supplemental pro se brief, are either unpreserved for appellate review or without merit. Rosenblatt, J.P., O'Brien, Pizzuto and Goldstein, JJ., concur.


Summaries of

People v. Walker

Appellate Division of the Supreme Court of New York, Second Department
Feb 13, 1996
224 A.D.2d 559 (N.Y. App. Div. 1996)
Case details for

People v. Walker

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL WALKER…

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

Date published: Feb 13, 1996

Citations

224 A.D.2d 559 (N.Y. App. Div. 1996)
638 N.Y.S.2d 339

Citing Cases

People v. Waller

We reject defendant's contention that prosecutorial misconduct on summation warrants reversal. The…

People v. Salcedo

ORDERED that the judgment is affirmed. The prosecutor's summation comments were either a fair response to the…