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People v. Velasquez

205 A.D.2d 716 Court N.Y. App. Div. Decision date 1994-06-20 English

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p. 716
The People of the State of New York, Respondent, v Virgilio Velasquez, Appellant.
[614 NYS2d 314]

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Grajales, J.), rendered December 14, 1992, convicting him of reckless endangerment in the first degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

On appeal, the defendant contends that he was deprived of a fair trial by several allegedly improper remarks made by the prosecutor during summation. For the most part, the challenged remarks constituted a fair response to the defendant’s summation, were within the four corners of the evidence, or were otherwise proper (see, People v Ashwal, 39 NY2d 105 ). Any remarks that may have been improper were not so prejudicial as to warrant reversal, particularly in view of the overwhelming evidence of the defendant’s guilt (see, People v Crimmins, 36 NY2d 230 , 237; People v Galloway, 54 NY2d 396 ). O’Brien, J. P., Pizzuto, Joy and Krausman, JJ., concur.

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