AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS ORTIZ, Appellant.

Ordered that the judgment is affirmed.

The defendant's challenges to various remarks made by the prosecutor during his summation are for the most part unpreserved for appellate review (see, CPL 470.05; People v. Williams, 46 N.Y.2d 1070). In any event, most of the complained-of comments were either rhetorically permissible or fair comment on the evidence (see, People v. Galloway, 54 N.Y.2d 396). Furthermore, those remarks that were inappropriate were harmless given the overwhelming evidence of the defendant's guilt (see, People v. Crimmins, 36 N.Y.2d 230).

The trial court properly denied the defendant's request for a missing witness charge in connection with a confidential informant not called by the prosecution. Given the informant's minimal contact with the criminal transactions (see, People v DiBlasio, 150 A.D.2d 482), the defendant failed to demonstrate that the informant was knowledgeable about a material issue in the case (see, People v. Gonzalez, 68 N.Y.2d 424).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

Bracken, J.P., Copertino, Pizzuto and Santucci, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. ORTIZ
(May 27, 1997)