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. AL MINKINS, Appellant.

Most of the challenged prosecutor's summation comments are unpreserved as a matter of law due to defendant's failure to object (CPL 470.05; People v. Iannelli, 69 N.Y.2d 684, cert denied 482 U.S. 914), and we decline to review them in the interest of justice. In any event, taken in context, they were appropriate responses to the defense summation ( see, People v Marks, 6 N.Y.2d 67, cert denied 362 U.S. 912; People v. Colonna, 135 A.D.2d 724), and within the broad bounds of permissible rhetorical comment ( People v. Galloway, 54 N.Y.2d 396). Moreover, in light of the overwhelming evidence of guilt, impropriety, if any, by the prosecutor in summation would be harmless ( see, People v. Woodwards, 215 A.D.2d 203; People v. Crimmins, 36 N.Y.2d 230).

Concur — Sullivan, J.P., Ellerin, Rubin, Kupferman and Asch, JJ.

Use AI to get other relevant cases.

Comments

PEOPLE v. MINKINS
(Oct 3, 1995)