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PEOPLE v. GRAY

Appellate Division of the Supreme Court of New York, First Department.
Mar 3, 1994

Though "[t]he District Attorney herein did on occasion exceed the bounds of legitimate fair comment", the summation was not so egregious as to deny defendant a fair trial (People v D'Alessandro, 184 A.D.2d 114, 119, lv denied 81 N.Y.2d 884). In any event, defense counsel interposed only two objections (see, People v. Briggs, 155 A.D.2d 306, lv denied 75 N.Y.2d 867), and any error was harmless in light of overwhelming proof of guilt (see, People v. Perez, 176 A.D.2d 165, lv denied 79 N.Y.2d 862).

Concur — Sullivan, J.P., Ross, Asch, Rubin and Tom, JJ.