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People v. Doggett

186 A.D.2d 490 Court N.Y. App. Div. Decision date 1992-10-27 English

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Majority

p. 490
The People of the State of New York, Respondent, v Clyde Doggett, Appellant.

— Judgment, Supreme Court, Bronx County (Stephen L. Barrett, J., at pretrial motions; Lawrence J. Tonetti, J., at jury trial and sentence), rendered May 1, 1991, convicting defendant, of assault in the first degree, and sentencing him, as a second felony offender, to a term of IV2 to 15 years, unanimously affirmed.

Defendant’s failure to move pursuant to CPL 30.30 precludes consideration of a speedy trial claim raised for the first time on appeal (People v Rodriguez, 50 NY2d 553 , 556-557).

The trial court properly exercised its discretion in its in limine ruling on introduction of evidence of uncharged crimes and in limiting cross-examination of the People’s witnesses in connection therewith, so as to keep the proceedings within the reasonable confines of the issues (People v Moulton, 43 NY2d 944 , 945).

Contrary to defendant’s claim that various summation comments of the prosecutor were improper and prejudicial, in the circumstances the prosecutor’s comments constituted appropriate response to defendant’s summation (People v Marks, 6 NY2d 67 , cert denied 362 US 912 ), and fair comment on the evidence, presented within the broad bounds of rhetorical comment permissible in closing argument (People v Galloway, 54 NY2d 396 ).

p. 491
We have considered defendant’s additional claims of error and find them to be either unpreserved or without merit. Concur — Carro, J. P., Milonas, Ellerin and Asch, JJ.

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