Legal Opinion

People v. Shears

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

Decided June 18, 1992PublishedCited by 1 opinion

1Opinion of the Court

Judgment, Supreme Court, Bronx County (Fred W. Eggert, J.), rendered February 5, 1990, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him to a prison term of 2 to 6 years, unanimously affirmed.

Defendant’s argument that the prosecutor’s summation deprived him of a fair trial is, for the most part, unpreserved and we decline to review it (CPL 470.05 [2]). Were we to review in the interest of justice, we would find that the challenged comments do not warrant a new trial in view of the overwhelming evidence of guilt, and in…

2Cases cited2 opinions

  1. People v. RiveraAppellate Division of the Supreme Court of the State of New York · 1986
  2. People v. TorresAppellate Division of the Supreme Court of the State of New York · 1991

3Cited by1 opinion

  1. People v. BlancoAppellate Division of the Supreme Court of the State of New York · 2001

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