Appellate Division of the Supreme Court of New York, 2002

People v. James

People v. James
Appellate Division of the Supreme Court of New York · Decided May 28, 2002
294 A.D.2d 600; 742 N.Y.S.2d 887; 2002 N.Y. App. Div. LEXIS 5650
People v. James

Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), rendered December 16, 1999, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the prosecutor’s summation constituted reversible error is unpreserved for appellate review (see People v Dien, 77 NY2d 885, 886). In any event, the prosecutor’s remarks were either fair response to defense counsel’s summation (see People v Stanley, 191 AD2d 732) or were harmless in light of the overwhelming proof of the defendant’s guilt (see People v Crimmins, 36 NY2d 230). O’Brien, J.P., Friedmann, Schmidt and Townes, JJ., concur.

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