Legal Opinion

People v. Fernandez

Appellate Division of the Supreme Court of the State of New York

Decided August 20, 2001PublishedCited by 4 opinions

1Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrero, J.), rendered August 31, 1998, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed, with costs.

The defendant’s claim that the prosecutor’s allegedly improper comments during summation constituted reversible error is, for the most part, not preserved for appellate review (see, CPL 470.05 [2]; People v Tonge, 93 NY2d 838; People v Scotti, 220 AD2d 543). In any event, the comments and conduct did not exceed permissible rhetoric, were…

2Cases cited6 opinions

  1. People v. GallowayNew York Court of Appeals · 1981
  2. People v. TongeNew York Court of Appeals · 1999
  3. People v. LaddNew York Court of Appeals · 1996
  4. People v. ScottiAppellate Division of the Supreme Court of the State of New York · 1995
  5. People v. GuerreroAppellate Division of the Supreme Court of the State of New York · 1998

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. People v. SmithAppellate Division of the Supreme Court of the State of New York · 2005
  2. People v. VasquezAppellate Division of the Supreme Court of the State of New York · 2004
  3. People v. FernandezAppellate Division of the Supreme Court of the State of New York · 2004
  4. People v. GreenAppellate Division of the Supreme Court of the State of New York · 2009

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