People v. Pearson, 29 A.D.3d 711

Ordered that the judgment is affirmed.

The defendant’s contention that the prosecutor’s statements in summation deprived him of a fair trial is unpreserved for appellate review (see CPL 470.05 [2]; People v Tonge, 93 NY2d 838 [1999]; People v Almonte, 23 AD3d 392 [2005], lv denied 6 NY3d 831 [2006]), and in any event, is without merit. Although some of the prosecutor’s statements in summation raised improper arguments that the defendant had a propensity to drive stolen cars in a reckless manner (see People v Collins, 12 AD3d 33, 39-40 [2004]; People v Hill, 193 AD2d 619 [1993]), these statements were harmless error, as the evidence of the defendant’s guilt was overwhelming (see People v Crimmins, 36 NY2d 230 [1975]; People v Liriano, 27 AD3d 578 [2006]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80, 85 [1982]). Miller, J.P., Ritter, Goldstein and Lunn, JJ., concur.

Case Details

Case Name: People v. Pearson

Court Name: Appellate Division of the Supreme Court of the State of New York

Date Published: May 9, 2006

Citations: 29 A.D.3d 711; 813 N.Y.S.2d 680

Court Abbreviation: N.Y. App. Div.