Legal Opinion

People v. Darby

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

Decided August 14, 2000Published

1Opinion of the Court

—Defendant appeals from a judgment of the Supreme Court, Queens County (McDonald, J.), rendered June 17, 1998, convicting him of manslaughter in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s challenges to the prosecutor’s summation are unpreserved for appellate review and, in any event, are without merit. For the most part, the prosecutor’s summation remarks constituted either appropriate responses to defense counsel’s summation or fair comment on the evidence (see,…

2Cases cited7 opinions

  1. People v. GallowayNew York Court of Appeals · 1981
  2. People v. AshwalNew York Court of Appeals · 1976
  3. People v. HawthorneNew York Court of Appeals · 1992
  4. People v. HawthorneAppellate Division of the Supreme Court of the State of New York · 1991
  5. People v. BainesAppellate Division of the Supreme Court of the State of New York · 2000

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