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People v. Quinones

218 A.D.2d 509 Court N.Y. App. Div. Decision date 1995-08-03 English

Contents

Majority

p. 509
The People of the State of New York, Respondent, v Javier Quinones, Appellant.
[630 NYS2d 924]

—Judgment,

p. 510
Supreme Court, Bronx County (Edward Davidowitz, J.), rendered September 24, 1993, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the seventh degree and resisting arrest, and sentencing him, as a second felony offender, to concurrent terms of 6 to 12 years, 1 year and 1 year, respectively, unanimously affirmed.

The "over all effect of the prosecutor’s summation was within the range of acceptability” (People v D’Alessandro, 184 AD2d 114 ,119, Iv denied 81 NY2d 884 ), and reversal is not warranted merely because certain remarks "would have been better left unsaid” {People v Davis, 188 AD2d 420 , 421, lv denied 81 NY2d 884 ). Concur—Ellerin, J. P., Wallach, Kupferman, Nardelli and Mazzarelli, JJ.

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