Appellate Division of the Supreme Court of New York, 1996

People v. Rodriguez

People v. Rodriguez
Appellate Division of the Supreme Court of New York · Decided April 11, 1996
226 A.D.2d 177; 641 N.Y.S.2d 532; 1996 N.Y. App. Div. LEXIS 3744
People v. Rodriguez

Opinion of the Court

Judgment, Supreme Court, New York County (Emily Jane Goodman, J.), rendered December 7, 1992, convicting defendant, after a jury trial, of murder in the second degree and attempted murder in the second degree, and sentencing him, as a second felony offender, to consecutive terms of 20 years to life and 121/2 to 25 years, respectively, unanimously affirmed.

Defendant failed to preserve his present challenges to the prosecutor’s summation, and we decline to review them in the *178interest of justice. If we were to review, we would reject the claim that the prosecutor mischaracterized the defense, and also find that any improper suggestion of a propensity for violence was harmless in view of the overwhelming evidence of defendant’s guilt. Concur—Milonas, J. P., Wallach, Kupferman, Ross and Williams, JJ.

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