People v. Boykin
Opinion of the Court
Judgment unanimously affirmed. Memorandum: Defendant has not preserved his contention that the prosecutrix’s race-conscious argument on summation deprived him of a fair trial (see, CPL 470.05 [2]), and we decline to reach the issue as a matter of discretion in the interest of justice (see, CPL 470.15 [6]).
Defendant did not object to the court’s failure to instruct
Viewing the evidence in the light most favorable to the People (see, People v Contes, 60 NY2d 620, 621), we conclude that defendant’s conviction of assault in the second degree is supported by legally sufficient evidence. Defendant’s sentence was neither harsh nor excessive. (Appeal from Judgment of Erie County Court, D’Amico, J. — Attempted Murder, 2nd Degree.) Present — Green, J. P., Pine, Boehm, Fallon and Davis, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.