People v. Tate
Opinion of the Court
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Aiello, J.), rendered December 23, 1996, convicting him of murder in the second degree, attempted murder in the second degree, assault in the first degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
It is unnecessary to reach the defendant’s contention that the court’s refusal to charge manslaughter in the first degree
The defendant’s contention concerning allegedly improper summation comments made by the prosecutor is unpreserved for appellate review, as no objection to those comments was made in the trial court (see, CPL 470.05 [2]; People v Mapp, 245 AD2d 307). In any event, most of the comments now being challenged were a fair response to statements made in the defense counsel’s summation (see, People v Brown, 187 AD2d 723; People v Cox, 161 AD2d 724, 725), and to the extent that any remarks were improper, the error was harmless in light of the overwhelming evidence of the defendant’s guilt and the court’s curative instructions to the jury (see, People v Brown, 223 AD2d 597; People v Rivera, 178 AD2d 620, 621). Mangano, P. J., O’Brien, Sullivan and H. Miller, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.