People v. Rodrigues

Decision Date01 February 1999
Citation683 N.Y.S.2d 875
PartiesThe PEOPLE, etc., Respondent, v. Jose RODRIGUES, a/k/a Jose Rodriguez, a/k/a Idalvez Cruz, Appellant. . Supreme Court of New York, Appellate Division, Second Department
CourtNew York Supreme Court — Appellate Division

M. Sue Wycoff, New York, N.Y. (Elizabeth Manning of counsel), for appellant.

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

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Eng, J.), rendered March 4, 1997, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant has not preserved for appellate review his contention that reversible error took place as a result of certain remarks by the prosecutor during summation (see, CPL 470.05[2] ). In any event, the remarks made by the prosecutor during summation were either fair comment on the evidence, permissive rhetorical comment, or responsive to the defendant's summation (see, People v. Galloway, 54 N.Y.2d 396, 446 N.Y.S.2d 9, 430 N.E.2d 885; People v. Baker, 251 A.D.2d 592, 673 N.Y.S.2d 606; People v. Harris, 209 A.D.2d 432, 619 N.Y.S.2d 589; People v. Gibbs, 166 A.D.2d 454, 560 N.Y.S.2d 500; People v. Blackman, 88 A.D.2d 620, 450 N.Y.S.2d 38).

The defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).

MANGANO, P.J., O'BRIEN, KRAUSMAN and GOLDSTEIN, JJ., concur.

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  • People v. Terry
    • United States
    • New York Supreme Court — Appellate Division
    • February 1, 1999

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