Appellate Division of the Supreme Court of New York, 2002

People v. Gonzales

Appellate Division of the Supreme Court of New York · Decided July 29, 2002

296 A.D.2d 580; 745 N.Y.S.2d 724; 2002 N.Y. App. Div. LEXIS 7733

Cases that cite this one

1 later published case cites this decision.

People v. Shelton (Appellate Division of the Supreme Court of New York 2003)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Knipel, J.), rendered November 28, 2000, convicting him of robbery in the first degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the prosecutor made *581improper comments during summation is unpreserved for appellate review, as no objections were made at trial (see CPL 470.05 [2]; People v Gray, 86 NY2d 10, 19; People v Mapp, 245 AD2d 307, 308). In any event, the prosecutor’s comments were either well within the bounds of permissible rhetorical comment (see People v Galloway, 54 NY2d 396, 399; People v Alvarado, 262 AD2d 651), or were a fair response to the statements contained in the defense counsel’s summation (see People v Halm, 81 NY2d 819, 821; People v Ricone, 288 AD2d 402, lv denied 97 NY2d 708).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80). Ritter, J.P., Feuerstein, Adams and Mastro, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.