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People v. Murray

284 A.D.2d 349 Court N.Y. App. Div. Decision date 2001-06-04 English

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p. 349
The People of the State of New York, Respondent, v Lester Murray, Appellant.
[725 NYS2d 881]

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Blumenfeld, J.), rendered December 22, 1999, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s allegations of prosecutorial misconduct during the People’s summation are unpreserved for appellate review (see, CPL 470.05 [2]; People v Dien, 77 NY2d 885 ; People v Laguer, 235 AD2d 495 ). In any event, most of the prosecutor’s remarks were a fair response to statements made by the defense counsel in his summation which attacked the veracity and credibility of the complainant (see, People v Halm, 81 NY2d 819 , 821; People v Ryant, 278 AD2d 345 ; People v Colon, 122 AD2d 151 ). Moreover, the evidence of the defendant’s guilt was overwhelming, rendering any error harmless (see, People v Crimmins, 36 NY2d 230 ). Santucci, J. P., Goldstein, Luciano and Adams, JJ., concur.

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