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People v. Brunson

Appellate Division of the Supreme Court of New York, Second Department
Jun 11, 2001
284 A.D.2d 406 (N.Y. App. Div. 2001)

Opinion

Argued May 24, 2001

June 11, 2001

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Spires, J.), rendered October 25, 1999, convicting him of assault in the second degree, criminal possession of a weapon in the third degree, and unlawful possession of marijuana, upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (Rachel Altstein of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Johnnette Traill of counsel; Courtney Goodloe on the brief), for respondent.

Before: WILLIAM D. FRIEDMANN, J.P., ANITA R. FLORIO, NANCY E. SMITH, BARRY A. COZIER, JJ.


ORDERED that the judgment is affirmed.

The defendant contends that he is entitled to a new trial because of improper comments made by the prosecutor during summation. However, the challenged statements were either fair comment on the evidence adduced at trial or fair responses to the defense counsel's summation (see, People v. Cook, A.D.2d [2d Dept., Apr. 16, 2001]; People v. Garcia, 273 A.D.2d 402; People v. Galloway, 54 N.Y.2d 396).

The defendant's remaining contention is unpreserved for appellate review (see, CPL 470.05; People v. Medina, 53 N.Y.2d 951, 953) and, in any event, without merit (see generally, People v. Overlee, 236 A.D.2d 133).


Summaries of

People v. Brunson

Appellate Division of the Supreme Court of New York, Second Department
Jun 11, 2001
284 A.D.2d 406 (N.Y. App. Div. 2001)
Case details for

People v. Brunson

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. JOSEPH BRUNSON, APPELLANT

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

Date published: Jun 11, 2001

Citations

284 A.D.2d 406 (N.Y. App. Div. 2001)
726 N.Y.S.2d 281

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