Appellate Division of the Supreme Court of New York, 2003

People v. Mendoza

Appellate Division of the Supreme Court of New York · Decided April 21, 2003

304 A.D.2d 774; 757 N.Y.S.2d 780

Cases that cite this one

2 later published cases cite this decision.

People v. Dowling (Appellate Division of the Supreme Court of New York 2008)
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 (D’Emic, J.), rendered June 14, 2001, convicting him of sexual abuse in the first degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that certain comments made by the prosecutor during cross-examination and summation constituted reversible error is unpreserved for appellate review (see CPL 470.05 [2]; People v Harris, 98 NY2d 452, 491 n 18 [2002]; People v Gray, 86 NY2d 10, 20-21 [1995]; People v Dien, 77 NY2d 885 [1991]; People v Smith, 298 AD2d 607 [2002]). In any event, the prosecutor’s comments were within the bounds of permissible rhetorical comment, were a fair response to the defense counsel’s direct examination and summation (see *775People v Galloway, 54 NY2d 396 [1981]; People v Ashwal, 39 NY2d 105, 109 [1976]; People v Clemmings, 300 AD2d 672 [2002]; People v Valdes, 291 AD2d 513, 514 [2002]; People v Russo, 201 AD2d 512, 513 [1994], affd 85 NY2d 872 [1995]), or were harmless under the circumstances of this case. S. Miller, J.P., Goldstein, McGinity and Mastro, JJ., concur.

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