Legal Opinion

People v. McNill

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

Decided May 30, 2002PublishedCited by 1 opinion

1Opinion of the Court

—Judgment, Su*308preme Court, Bronx County (Joseph Cerbone, J.), rendered July 10, 2000, convicting defendant, after a jury trial, of criminal possession of a weapon in the second degree, and sentencing him to a term of five years, unanimously affirmed.

Defendant’s challenges to the prosecutor’s summation are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find that the prosecutor’s comment on defendant’s opportunity to tailor his testimony was permissible (People v Swift, 272 AD2d 126, lv denied 95 NY2d 871). We would further find…

2Cases cited3 opinions

  1. People v. OverleeAppellate Division of the Supreme Court of the State of New York · 1997
  2. People v. D'AlessandroAppellate Division of the Supreme Court of the State of New York · 1992
  3. People v. SwiftAppellate Division of the Supreme Court of the State of New York · 2000

3Cited by1 opinion

  1. People v. PinkneyAppellate Division of the Supreme Court of the State of New York · 2008

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