People v. Dorgan
Cases that cite this one
21 later published cases cite this decision.
- People v. Matthews (Appellate Division of the Supreme Court of New York 2021)
- People v. Seymour (Appellate Division of the Supreme Court of New York 2018)
- People v. Flowers (Appellate Division of the Supreme Court of New York 2013)
- People v. Flowers (Appellate Division of the Supreme Court of New York 2013)
- People v. Hines (Appellate Division of the Supreme Court of New York 2013)
- People v. Hines (Appellate Division of the Supreme Court of New York 2013)
- People v. Withfield (Appellate Division of the Supreme Court of New York 2013)
- People v. Withfield (Appellate Division of the Supreme Court of New York 2013)
- People v. Singh (Appellate Division of the Supreme Court of New York 2013)
- People v. Singh (Appellate Division of the Supreme Court of New York 2013)
- People v. Jenkins (Appellate Division of the Supreme Court of New York 2012)
- People v. Bowen-Allen (Appellate Division of the Supreme Court of New York 2012)
- People v. Bowen-Allen (Appellate Division of the Supreme Court of New York 2012)
- People v. Burgos (Appellate Division of the Supreme Court of New York 2012)
- People v. Burgos (Appellate Division of the Supreme Court of New York 2012)
- People v. Archer (Appellate Division of the Supreme Court of New York 2011)
- People v. Mullings (Appellate Division of the Supreme Court of New York 2011)
- People v. Perez (Appellate Division of the Supreme Court of New York 2010)
- People v. Baez (Appellate Division of the Supreme Court of New York 2009)
- People v. Holmes (Appellate Division of the Supreme Court of New York 2008)
- People v. Maldonado (Appellate Division of the Supreme Court of New York 2008)
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 County Court, Orange County (DeRosa, J.), rendered July 26, 2005, convicting her of aggravated unlicensed operation of a motor vehicle in the first degree and driving while ability impaired, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant failed to preserve for appellate review the challenges she now raises to portions of the prosecutor’s summation (see CPL 470.05 [2]; People v Tarabania, 72 NY2d 852 [1988]). In any event, for the most part, the challenged remarks were fair comment on the evidence, responsive to arguments and theories raised by the defense, or otherwise remained within the “broad bounds of rhetorical comment permissible in closing argument” (People v Galloway, 54 NY2d 396, 399 [1981]; see People v Montalvo, 34 AD3d 600 [2006]; People v Woody, 9 AD3d 439, 440 [2004]; People v Ravenell, 307 AD2d 977, 978 [2003]). To the extent that some of the prosecutor’s remarks were improper, reversal is not warranted in light of the overwhelming evidence of the defendant’s guilt (see People v Crimmins, 36 NY2d 230 [1975]; People v Davis, 39 AD3d 873, 875 [2007]).
The defendant was not deprived of the effective assistance of counsel (see People v Benevento, 91 NY2d 708, 712-714 [1998]; People v Williams, 38 AD3d 925 [2007]; People v Montalvo, supra).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Ritter, J.E, Goldstein, Fisher and Balkin, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.