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People v. Holland

Appellate Division of the Supreme Court of New York, Second Department
May 9, 1994
204 A.D.2d 483 (N.Y. App. Div. 1994)

Opinion

May 9, 1994

Appeal from the Supreme Court, Kings County (Feinberg, J.).


Ordered that the judgment is affirmed.

On appeal, the defendant contends that he was deprived of a fair trial by several allegedly improper comments made by the prosecutor during summation. However, since the defendant failed to raise any objection to two of the comments of which he now complains, and made only a general objection to a third remark, his present claims of error are unpreserved for appellate review (see, CPL 470.05; People v. Dawson, 50 N.Y.2d 311, 324; People v. Udzinski, 146 A.D.2d 245, 250). In any event, for the most part the challenged remarks constituted a fair response to the defendant's summation, were within the four corners of the evidence, or were otherwise proper (see, People v. Ashwal, 39 N.Y.2d 105). The remaining comments were not so prejudicial as to warrant reversal, particularly in view of the overwhelming evidence of the defendant's guilt (see, People v. Crimmins, 36 N.Y.2d 230, 237; People v. Galloway, 54 N.Y.2d 396). Balletta, J.P., Copertino, Hart and Krausman, JJ., concur.


Summaries of

People v. Holland

Appellate Division of the Supreme Court of New York, Second Department
May 9, 1994
204 A.D.2d 483 (N.Y. App. Div. 1994)
Case details for

People v. Holland

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALBERT HOLLAND…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 9, 1994

Citations

204 A.D.2d 483 (N.Y. App. Div. 1994)
614 N.Y.S.2d 164

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