Legal Opinion

People v. Sample

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

Decided November 20, 2007Published

1Opinion of the Court

Judgment, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered May 6, 2005, convicting defendant, after a jury trial, of grand larceny in the third degree, and sentenced him, as a second felony offender, to a term of 2¾ to 5½ years, with restitution, including a mandatory surcharge, in the total amount of $45,150, unanimously affirmed.

The portion of the prosecutor’s summation to which defendant objected as “speculation” constituted a fair inference that could be drawn from the record (see e.g. People v Taylor, 249 AD2d 33 [1998]). Defendant’s remaining claims of prosecutorial…

2Cases cited5 opinions

  1. People v. OverleeAppellate Division of the Supreme Court of the State of New York · 1997
  2. People v. D'AlessandroAppellate Division of the Supreme Court of the State of New York · 1992
  3. People v. MoultonNew York Court of Appeals · 1978
  4. People v. MelendezAppellate Division of the Supreme Court of the State of New York · 2006
  5. People v. TaylorAppellate Division of the Supreme Court of the State of New York · 1998

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