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People v. Charles

Appellate Division of the Supreme Court of New York, Second Department
Dec 2, 2008
57 A.D.3d 556 (N.Y. App. Div. 2008)

Opinion

No. 2007-00174.

December 2, 2008.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Parker, J.), rendered December 22, 2006, convicting him of rape in the third degree, sexual misconduct, sexual abuse in the third degree, and endangering the welfare of a child, upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (Alexis A. Ascher of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Linda Breen of counsel), for respondent.

Before: Santucci, J.P., Covello, Leventhal and Belen, JJ. concur.


Ordered that the judgment is affirmed.

The defendant's contention that certain remarks made by the prosecutor during summation denied him a fair trial is unpreserved for appellate review, as he failed to object to the subject remarks ( see CPL 470.05; People v George, 49 AD3d 554, 554-555). In any event, most of the challenged remarks were fair comment on the evidence, permissible rhetorical comment, or responsive to the defense counsel's summation ( see People v Ashwal, 39 NY2d 105, 109-110; People v Applewhite, 50 AD3d 1046; People v Dick, 48 AD3d 697). "To the extent that the prosecutor may have exceeded the bounds of permissible rhetorical comment, any error was harmless" ( People v Carter, 36 AD3d 624, 624; see People v Crimmins, 36 NY2d 230).

The defendant's remaining contentions either are without merit or do not warrant reversal.


Summaries of

People v. Charles

Appellate Division of the Supreme Court of New York, Second Department
Dec 2, 2008
57 A.D.3d 556 (N.Y. App. Div. 2008)
Case details for

People v. Charles

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GABRIEL CHARLES…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 2, 2008

Citations

57 A.D.3d 556 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 9613
869 N.Y.S.2d 564

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