Legal Opinion

People v. Scott

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

Decided October 10, 2012PublishedCited by 2 opinions

1Opinion of the Court

The defendant’s contention regarding allegedly improper comments made by the prosecutor during summation is not preserved for appellate review (see CPL 470.05 [2]), as the defendant either failed to object to the challenged comments or made only a general objection (see People v Balls, 69 NY2d 641, 642 [1986]). In any event, the challenged remarks were not improper, since they constituted fair comment on the evidence, were a fair response to the defense summation (see People v Colon, 45 AD3d 776 [2007]; People v Urena, 24 AD3d 693 [2005]), or were harmless, as the evidence of the defendant’s *818g…

2Cases cited7 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. CrimminsNew York Court of Appeals · 1975
  3. People v. BallsNew York Court of Appeals · 1986
  4. People v. ScottAppellate Division of the Supreme Court of the State of New York · 2010
  5. People v. UrenaAppellate Division of the Supreme Court of the State of New York · 2005

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3Cited by2 opinions

  1. Matter of State of New York v. David M.Appellate Division of the Supreme Court of the State of New York · 2014
  2. People v. Sosa-MarquezAppellate Division of the Supreme Court of the State of New York · 2019

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