Appellate Division of the Supreme Court of New York, 2017

People v. Lopez-Suazo

People v. Lopez-Suazo
Appellate Division of the Supreme Court of New York · Decided December 5, 2017 · Gische, Kapnick, Oing, Moulton
2017 NY Slip Op 8462; 156 A.D.3d 406; 64 N.Y.S.3d 521
People v. Lopez-Suazo

Opinion

Judgment, Supreme Court, New York County (Marcy L. Kahn, J.), rendered March 7, 2014, as amended April 18, 2014, convicting defendant, after a jury trial, of operating a motor vehicle while intoxicated, and sentencing him to a term of one to three years, unanimously affirmed.

Defendant’s challenges to the prosecutor’s summation are unpreserved, and we decline to review them in the interest of justice. As an alternative holding, we find no basis for reversal. To the extent there were isolated improprieties, they were not so egregious as to deprive defendant of a fair trial, and any error was harmless in light of the overwhelming evidence of defendant’s guilt (see People v D’Alessandro, 184 AD2d 114, 118-119 [1st Dept 1992], lv denied 81 NY2d 884 [1993]).

Concur— Gische, J.P., Kapnick, Oing and Moulton, JJ.

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