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People v. Wilky

Appellate Division of the Supreme Court of New York, Second Department
Jun 17, 2008
52 A.D.3d 733 (N.Y. App. Div. 2008)

Opinion

No. 2006-09940.

June 17, 2008.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Guzman, J.), rendered October 5, 2006, convicting him of sexual abuse in the first degree, criminal possession of a weapon in the fourth degree, menacing in the second degree, and criminal contempt in the second degree, upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (Kendra L. Hutchinson of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, and Maria Park of counsel), for respondent.

Before: Skelos, J.P., Santucci, Balkin and Chambers, JJ.


Ordered that the judgment is affirmed.

The defendant's arguments regarding alleged improper summation remarks are unpreserved for appellate review ( see CPL 470.05; People v Jackson, 41 AD3d 498, 499, lv denied 9 NY3d 876; People v Hines, 18 AD3d 882, 883-884; People v Morris, 2 AD3d 652, 653). In any event, the challenged remarks constituted fair comment on, or reasonable inferences drawn from, the evidence, or were harmless ( see People v Johnson, 3 AD3d 581, 582; People v Adamo, 309 AD2d 808, 809-810; cf. People v Ashwal, 39 NY2d 105, 109-110).


Summaries of

People v. Wilky

Appellate Division of the Supreme Court of New York, Second Department
Jun 17, 2008
52 A.D.3d 733 (N.Y. App. Div. 2008)
Case details for

People v. Wilky

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILKY FOREST, Appellant

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

Date published: Jun 17, 2008

Citations

52 A.D.3d 733 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 5719
858 N.Y.S.2d 912