Legal Opinion
People v. Small
Appellate Division of the Supreme Court of the State of New York
Decided November 13, 2007PublishedCited by 5 opinions
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Dowling, J.), rendered July 13, 2005, convicting him of petit larceny, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant’s contention that the prosecutor’s summation denied him due process and a fair trial is unpreserved for appellate review (see CPL 470.05 [2]; People v Nieves, 2 AD3d 539, 540 [2003]). In any event, a review of the challenged comments reveals that they were either fair comment on the evidence adduced at trial or responsive to defense counsel’s summation…
2Cases cited3 opinions
- People v. McHarrisAppellate Division of the Supreme Court of the State of New York · 2002
- People v. NievesAppellate Division of the Supreme Court of the State of New York · 2003
- People v. CariolaAppellate Division of the Supreme Court of the State of New York · 2000
3Cited by5 opinions
- People v. GarciaAppellate Division of the Supreme Court of the State of New York · 2008
- People v. BlountAppellate Division of the Supreme Court of the State of New York · 2008
- People v. BrewsterAppellate Division of the Supreme Court of the State of New York · 2010
- People v. BrowneAppellate Division of the Supreme Court of the State of New York · 2009
- People v. CardozaAppellate Division of the Supreme Court of the State of New York · 2008