AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SEAN LANIER, Appellant.

Ordered that the judgment is affirmed.

The defendant's contention that he was denied a fair trial because the court permitted a police detective to testify about the roles of participants in a street-level narcotics sale is unpreserved for appellate review ( see CPL 470.05; People v Romero, 7 NY3d 911, 912; People v Salnave, 41 AD3d 872; People v Malave, 7 AD3d 542). In any event, given that the theory of the prosecution was that the defendant and a codefendant acted in concert in the sale of narcotics, the challenged testimony was not improper ( see People v Brown, 97 NY2d 500, 505).

The defendant also failed to preserve for appellate review his contention that certain comments made by the prosecutor during summation deprived him of a fair trial, as he failed to object to the subject remarks ( see CPL 470.05; People v Romero, 7 NY3d at 912; People v Malave, 7 AD3d 542). In any event, the challenged remarks did not exceed the bounds of rhetorical comment permissible in closing argument and were fair comment upon the evidence ( cf. People v Arce, 42 NY2d 179, 189-190; People v Ashwal, 39 NY2d 105, 109).

Use AI to get other relevant cases.

Comments

PEOPLE v. LANIER
(Jul 15, 2008)