People v. Howard

• Decision Date: 07 June 1993
• Parties: The PEOPLE, etc., Respondent, v. James HOWARD, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 992

599 N.Y.S.2d 992

194 A.D.2d 628

The PEOPLE, etc., Respondent, v. James HOWARD, Appellant.

Supreme Court of New York, Appellate Division,

Second Department.

June 7, 1993

Philip L. Weinstein, New York City (Melissa R. Greener, of counsel), for appellant. Charles J. Hynes, Dist. Atty., Brooklyn (Roseann B. MacKechnie and Jodi L. Mandel, of counsel; Ambrose W. Wotorson, on the brief), for respondents.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Greenberg, J.), rendered July 29, 1991, convicting him of robbery in the third degree, upon a jury verdict, and imposing sentence. ORDERED that the judgment is affirmed. The majority of the defendant's contentions with regard to the prosecutor's summation are unpreserved for appellate review (see, CPL 470.05[2]; People v. Nuccie, 57 N.Y.2d 818, 819, 455 N.Y.S.2d 593, 441 N.E.2d 1111; People v. Medina, 53 N.Y.2d 951, 953, 441 N.Y.S.2d 442, 424 N.E.2d 276; People v. Baldo, 107 A.D.2d 751, 752, 484 N.Y.S.2d 114); and in any event, all of his contentions are without merit ( see, people v. marks, 6 n.y.2D 67, 77, 188 n.y.s.2D 465, 160 n.e.2D 26, cert. denied 362 U.S. 912, 80 S.Ct. 662, 4 L.Ed.2d 620; People v. Colon, 122 A.D.2d 151, 152, 504 N.Y.S.2d 530; People v. Boute, 111 A.D.2d 398, 399, 489 N.Y.S.2d 605).

SULLIVAN, J.P., and EIBER, O'BRIEN and PIZZUTO, JJ., concur.