Legal Opinion

People v. Scott

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

Decided October 10, 2012Published

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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