People v. Watson — 111 A.D.2d 774

Majority

p. 774

The People of the State of New York, Respondent, v Lynwood Watson, Also Known as Lynwood Garner, Appellant.

Appeal by defendant from a judgment of the Supreme Court, Kings County (Ramirez, J.), rendered June 10, 1983, convicting him of attempted robbery in the first degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

While we condemn the statement made by the prosecutor during summation that: “The [complaining witness] is a Black male. The defendant is a Black male. I submit to you there is no bias or prejudice in this case” (see, People v Green, 89 AD2d 874 ; People v Hearns, 18 AD2d 922 ; McFarland v Smith, 611 F2d 414 ; see also, People v Roopchand, 107 AD2d 35 ), since defense

p. 775

counsel did not object to the statement, the error is not preserved for appellate review as a matter of law (CPL 470.05 [2]; see, e.g., People v Nuccie, 57 NY2d 818 ). Moreover, we have examined the entire record and conclude that defendant received a fair trial. Therefore, there is no basis for reversal in the interest of justice (CPL 470.15 [6] [a]; see, People v Galloway, 54 NY2d 396 ).

We have examined defendant’s remaining contentions and find them to be without merit. Thompson, J. P., Brown, Niehoff and Lawrence, JJ., concur.

Cases cited

People v. Roopchand 107 AD2d 35 N.Y. App. Div. 1985-02-19 p. 774
People v. Nuccie 57 NY2d 818 N.Y. 1982-10-07 p. 775
People v. Galloway 54 NY2d 396 N.Y. 1981-11-24 p. 775