People v. Urena
| Citation | 24 A.D.3d 693,805 N.Y.S.2d 841,2005 NY Slip Op 09757 |
| Decision Date | 19 December 2005 |
| Docket Number | 2003-06645. |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAFAEL URENA, Appellant. |
| Court | New York Supreme Court Appellate Division |
Ordered that the judgment is affirmed.
The defendant's contention that improper remarks made by the prosecutor during summation deprived him of a fair trial is largely unpreserved for appellate review (see People v. Pearson, 20 AD3d 575 [2005], lv denied 5 NY3d 831 [2005]; People v. Joseph, 20 AD3d 435 [2005], lv denied 5 NY3d 807 [2005]; People v. Washington, 17 AD3d 384 [2005]). In any event, the defendant's contention is without merit since the challenged remarks were either fair comment on the evidence (see People v. Elliot, 216 AD2d 576 [1995]), fair response to the defense summation (see People v. Seavy, 16 AD3d 1130 [2005]; People v. McHarris, 297 AD2d 824 [2002]; People v. Sydnor, 281 AD2d 499 [2001]; People v. Russo, 201 AD2d 512 [1994], affd 85 NY2d 872 [1994]; People v. Torres, 121 AD2d 663 [1986]), or constituted harmless error (see People v. Hopper, 277 AD2d 171 [2000]; People v. Tolliver, 267 AD2d 1007 [1999]; People v. Jackson, 199 AD2d 535 [1993]; People v. Young, 113 AD2d 852 [1985]).
The defendant's contention that he was denied the effective assistance of counsel is without merit (see People v. Scott, 283 AD2d 525 [2001]).
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Urena v. R. Lape
...Division of the Supreme Court of New York, Second Department, affirmed Petitioner's judgment of conviction. People v. Urena, 24 A.D.3d 693, 805 N.Y.S.2d 841 (N.Y.App.Div.2005). The Appellate Division held that Petitioner's claim of prosecutorial misconduct was largely unpreserved for appell......
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People v. Scott
...on the evidence, were a fair response to the defense summation ( see People v. Colon, 45 A.D.3d 776, 844 N.Y.S.2d 897;People v. Urena, 24 A.D.3d 693, 805 N.Y.S.2d 841), or were harmless, as the evidence of the defendant's guilt was overwhelming, and there is no significant probability that ......
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