Legal Opinion

People v. Faison

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

Decided January 19, 1999Published

1Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Dunlop, J.), rendered September 9, 1996, convicting him of robbery in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s claim that he was denied a fair trial due to prosecutorial misconduct is unpreserved for appellate review (see, CPL 470.05 [2]; People v Brisbane, 244 AD2d 498). In any *630event, the allegedly improper summation remarks were either a fair statement of the facts in evidence or a fair response to defense counsel’s summation remarks (see,…

2Cases cited2 opinions

  1. People v. AshwalNew York Court of Appeals · 1976
  2. People v. BrisbaneAppellate Division of the Supreme Court of the State of New York · 1997

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