Appellate Division of the Supreme Court of New York, 1997

People v. Stevenson

People v. Stevenson
Appellate Division of the Supreme Court of New York · Decided December 1, 1997
245 A.D.2d 319; 670 N.Y.S.2d 114; 1997 N.Y. App. Div. LEXIS 12045
People v. Stevenson

Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Kangs County (Brill, J.), rendered February 2, 1996, convicting him of assault in the second degree and promoting prison contraband in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the prosecutor made improper remarks during summation is unpreserved for appellate review (see, CPL 470.05 [2]; People v Tevaha, 84 NY2d 879; People v Tardbania, 72 NY2d 852, 853). In any event, while the contested remarks would have been better left *320unsaid, in light of the overwhelming evidence of the defendant’s guilt, any error in the prosecution’s summation was harmless (see, People v Crimmins, 36 NY2d 230, 242; People v Ortiz, 239 AD2d 611; People v Melendez, 143 AD2d 946, 947). Thompson, J. P., Pizzuto, Joy and Florio, JJ., concur.

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