People v. Charles
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The defendant’s contention that certain remarks made by the prosecutor during summation denied him a fair trial is unpreserved for appellate review, as he failed to object to the subject remarks (see CPL 470.05 [2]; People v George, 49 AD3d 554, 554-555 [2008]). In any event, most of the challenged remarks were fair comment on the evidence, permissible rhetorical comment, or responsive to the defense counsel’s summation (see People v Ashwal, 39 NY2d 105, 109-110 [1976]; People v Applewhite, 50 AD3d 1046 [2008]; People v Dick, 48 AD3d 697 [2008]). “To the extent that the prosecutor may have…
2Cases cited6 opinions
- People v. CrimminsNew York Court of Appeals · 1975
- People v. AshwalNew York Court of Appeals · 1976
- People v. CarterAppellate Division of the Supreme Court of the State of New York · 2007
- People v. ApplewhiteAppellate Division of the Supreme Court of the State of New York · 2008
- People v. DickAppellate Division of the Supreme Court of the State of New York · 2008
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