Legal Opinion

People v. Perry

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

Decided December 15, 2009Published

1Opinion of the Court

The defendant’s claims of alleged improprieties in the prosecutor’s summation are unpreserved for appellate review, as the defendant failed to raise any objections to the remarks he now contends were improper (see CPL 470.05 [2]; People v Gray, 86 NY2d 10, 19 [1995]; People v Thompson, 62 AD3d 817, 818 [2009]). In any event, the remarks at issue were either fair comment on the evidence (see People v Ashwal, 39 NY2d 105, 109-110 [1976]; People v Scrimo, 67 AD3d 825 [2009]; People v Rodriguez, 67 AD3d 712 [2009]), or constituted harmless error (see People v Crimmins, 36 NY2d 230, 241-242…

2Cases cited6 opinions

  1. People v. CrimminsNew York Court of Appeals · 1975
  2. People v. GrayNew York Court of Appeals · 1995
  3. People v. AshwalNew York Court of Appeals · 1976
  4. People v. ScrimoAppellate Division of the Supreme Court of the State of New York · 2009
  5. People v. ThompsonAppellate Division of the Supreme Court of the State of New York · 2009

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