Majority
p. 600The People of the State of New York, Respondent, v Moses James, Appellant. [742 NYS2d 887]
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), rendered December 16, 1999, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant’s contention that the prosecutor’s summation constituted reversible error is unpreserved for appellate review (see People v Dien, 77 NY2d 885 , 886). In any event, the prosecutor’s remarks were either fair response to defense counsel’s summation (see People v Stanley, 191 AD2d 732 ) or were harmless in light of the overwhelming proof of the defendant’s guilt (see People v Crimmins, 36 NY2d 230 ). O’Brien, J.P., Friedmann, Schmidt and Townes, JJ., concur.
Cases cited
- People v. Dien 77 NY2d 885 at 886 p. 600
- People v. Stanley 191 AD2d 732 p. 600
- People v. Crimmins 36 NY2d 230 p. 600