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People v. Neal

200 A.D.2d 773 Court N.Y. App. Div. Decision date 1994-01-31 English

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p. 773
The People of the State of New York, Respondent, v Leroy Neal, Appellant.
[608 NYS2d 861]

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (George, J.), rendered April 2, 1992, convicting him of robbery in the first degree (six counts) and assault in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contentions regarding the prosecutor’s remarks during her summation are unpreserved for appellate review (see, CPL 470.05 [2]). In any event, the prosecutor’s remarks were fair comment on the evidence (see, People v Ashwal, 39 NY2d 105 ), fair response to the defense counsel’s summation (see, People v Colon, 122 AD2d 151 ), or harmless error in light of the overwhelming evidence of the defendant’s guilt (see, People v Crimmins, 36 NY2d 230 ).

We find that the sentence imposed was not unduly harsh or excessive. Sullivan, J. P., Rosenblatt, Pizzuto and Joy, JJ., concur.

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