People v. Murray

• Decision Date: 15 May 2001
• Docket Number: No. 575,575
• Parties: (A.D. 2 Dept. 2001) The People, etc., respondent, v Lester Murray, appellant. (Ind./99) 2000-00444 : SECOND JUDICIAL DEPARTMENT Submitted -
• Court: New York Supreme Court — Appellate Division

Page 881

725 N.Y.S.2d 881 (A.D. 2 Dept. 2001)

The People, etc., respondent, v Lester Murray, appellant. (Ind. No. 575/99)

2000-00444

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

Submitted - May 15, 2001

June 4, 2001

Lynn W. L. Fahey, New York, N.Y. (De Nice Powell of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Daniel Schlachet of counsel), for respondent.

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 N.Y.2d 885; People v Laguer, 235 A.D.2d 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 N.Y.2d 819, 821; People v Ryant, 278 A.D.2d 345; People v Colon, 122 A.D.2d 151). Moreover, the evidence of the defendant's guilt was overwhelming, rendering any error harmless (see, People v Crimmins, 36 N.Y.2d 230).

SANTUCCI, J.P., GOLDSTEIN, LUCIANO and ADAMS, JJ., concur.