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People v. Witherspoon

Appellate Division of the Supreme Court of New York, Second Department
Oct 7, 2002
298 A.D.2d 415 (N.Y. App. Div. 2002)

Opinion

2000-06285

Submitted September 17, 2002.

October 7, 2002.

Appeal by the defendant from a judgment of the Supreme, Kings County (Ruchelsman, J.), rendered June 5, 2000, convicting him of criminal sale of a controlled substance in or near school grounds, upon a jury verdict, and imposing sentence.

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

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Monique Ferrell of counsel), for respondent.

Before: DAVID S. RITTER, J.P., FRED T. SANTUCCI, GLORIA GOLDSTEIN, WILLIAM F. MASTRO, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that certain comments by the prosecutor during summation were improper is unpreserved for appellate review (see People v. Hunte, 276 A.D.2d 717). In any event, the prosecutor's summation does not require reversal (see People v. Hunte, supra; People v. Lawson, 275 A.D.2d 721).

The defendant's remaining contention is without merit.

RITTER, J.P., SANTUCCI, GOLDSTEIN and MASTRO, JJ., concur.


Summaries of

People v. Witherspoon

Appellate Division of the Supreme Court of New York, Second Department
Oct 7, 2002
298 A.D.2d 415 (N.Y. App. Div. 2002)
Case details for

People v. Witherspoon

Case Details

Full title:THE PEOPLE, ETC., respondent, v. FRANK WITHERSPOON, appellant

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

Date published: Oct 7, 2002

Citations

298 A.D.2d 415 (N.Y. App. Div. 2002)
751 N.Y.S.2d 387