Majority
p. 823The People of the State of New York, Respondent, v Sheldon Killebrew, Appellant. [748 NYS2d 56]
p. 824
The defendant’s contentions that the prosecutor acted improperly during cross-examination and summation are not preserved for appellate review (see CPL 470.05 [2]; People v Daley, 292 AD2d 630 ; see generally People v Balls, 69 NY2d 641 ). In any event, any errors were harmless in light of the overwhelming evidence of the defendant’s guilt (see People v Crimmins, 36 NY2d 230 ; People v Vitiello, 285 AD2d 480 ). Additionally, the defendant’s contention that the Supreme Court gave erroneous instructions regarding reasonable doubt is unpreserved for appellate review (see CPL 470.05 [2]). In any event, the charge, taken as a whole, conveyed to the jury the correct rules to be applied in arriving at a verdict (see People v Fields, 87 NY2d 821 ; People v Bell, 294 AD2d 372 , Iv denied 98 NY2d 694 ).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 ). Feuerstein, J.P., Smith, Friedmann and Adams, JJ., concur.
Cases cited
- People v. Balls 69 NY2d 641 p. 824
- People v. Crimmins 36 NY2d 230 p. 824
- People v. Fields 87 NY2d 821 p. 824
- People v. Suitte 90 AD2d 80 p. 824