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People v. Sherwood

Appellate Division of the Supreme Court of New York, Second Department
Jan 11, 2001
279 A.D.2d 486 (N.Y. App. Div. 2001)

Opinion

Submitted December 5, 2000

January 11, 2001.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered November 24, 1998, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (Sonia Mikolic-Torreira of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jane S. Meyers of counsel; Claiborne W. Porter on the brief), for respondent.

Before: DAVID S. RITTER, J.P., SONDRA MILLER, DANIEL F. LUCIANO NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that the People's summation remarks constituted reversible error is unpreserved for appellate review. He either failed to object to the remarks, made only a general objection, or his objections were sustained without any further request for curative instructions or a timely motion for mistrial (see, CPL 470.05; People v. Tevaha, 84 N.Y.2d 879; People v. Heide, 84 N.Y.2d 943; People v. Medina, 53 N.Y.2d 951; People v. Persaud, 237 A.D.2d 538). In any event, the defendant's contentions are largely without merit, and any error was harmless in light of the overwhelming evidence of guilt (see, People v. Crimmins, 36 N.Y.2d 230, 241-242).


Summaries of

People v. Sherwood

Appellate Division of the Supreme Court of New York, Second Department
Jan 11, 2001
279 A.D.2d 486 (N.Y. App. Div. 2001)
Case details for

People v. Sherwood

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. ERIC SHERWOOD, APPELLANT. (Ind. No…

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

Date published: Jan 11, 2001

Citations

279 A.D.2d 486 (N.Y. App. Div. 2001)
719 N.Y.S.2d 581

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