AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Advocates
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
Advocates
Judges

THE PEOPLE, ETC., respondent, v. WAYNE PENDER, appellant.

DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's claim that the prosecutor's comments on summation constituted reversible error is unpreserved for appellate review ( see CPL 470.05; People v. Gray, 86 N.Y.2d 10), and, in any event, is without merit. The prosecutor's remarks were fair comment on the evidence and fair responses to the defense counsel's statements in summation ( see People v. Russo, 201 A.D.2d 512, affd 85 N.Y.2d 872). Moreover, since the prosecutor did not state her personal belief regarding the truthfulness of the People's witnesses, it cannot be said that she improperly vouched for their credibility ( see People v. Evans, 291 A.D.2d 569).

The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80).

SANTUCCI, J.P., SCHMIDT, TOWNES and MASTRO, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. PENDER
(Jun 7, 2004)