Appellate Division of the Supreme Court of New York, 2003

People v. Myers

People v. Myers
Appellate Division of the Supreme Court of New York · Decided May 5, 2003
305 A.D.2d 429; 758 N.Y.S.2d 516
People v. Myers

Cases that cite this one

2 later published cases cite this decision.

  • People v. Rogers (Appellate Division of the Supreme Court of New York 2005)
  • People v. Kim (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 (Ruchelsman, J.), rendered November 27, 2000, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant received the effective assistance of trial counsel (see People v Baldi, 54 NY2d 137 [1981]; People v Myers, 220 AD2d 461 [1995]).

The defendant’s claim that the prosecutor’s comments on summation constituted reversible error is unpreserved for appellate review (see CPL 470.05 [2]; People v Gray, 86 NY2d 10 [1995]; People v Richardson, 294 AD2d 379 [2002]), and, in any event, is without merit. The prosecutor’s summation did not exceed the bounds of rhetorical comment permitted in closing arguments (see People v Ashwal, 39 NY2d 105 [1976]), and consequently, did not constitute reversible error (see People v Galloway, 54 NY2d 396 [1981]).

The defendant’s remaining contentions either are without merit or do not require reversal, as any error was harmless in light of the overwhelming evidence of guilt (see People v Crimmins, 36 NY2d 230 [1975]; People v Benjamin, 268 AD2d 486 [2000]). Ritter, J.P., Friedmann, Luciano and H. Miller, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.