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People v. ValleePeople v. Vallee

Appellate Division of the Supreme Court of the State of New York
Aug 8, 2005
Versions:21 A.D.3d 502
799 N.Y.S.2d 740

Ordered that the judgment is affirmed.

The defendant‘s challenges to the prosecutor‘s summation comments are unpreserved for appellate review (see CPL 470.05 [2]; People v Shelton, 307 AD2d 370 [2003], affd 1 NY3d 614 [2004]; People v Urena, 305 AD2d 433 [2003]; People v Mejias, 296 AD2d 583 [2002]). In any event, although many of the prosecutor‘s comments were improper (see People v Ashwal, 39 NY2d 105 [1976]; People v Smith, 288 AD2d 496 [2001]; People v Walters, 251 AD2d 433 [1998]), the errors were harmless in light of the overwhelming evidence of the defendant‘s guilt (see People v Crimmins, 36 NY2d 230, 241-242 [1975]; People v Richardson, 294 AD2d 379, 380 [2002]; People v Brown, 285 AD2d 472, 473 [2001]). Further, contrary to the defendant‘s contention, he was provided with meaningful representation (see People v Taylor, 1 NY3d 174 [2003]; People v Benevento, 91 NY2d 708 [1998]). Schmidt, J.P., Santucci, Luciano and Spolzino, JJ., concur.

Case Details

Case Name: People v. Vallee
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Aug 8, 2005
Citations: 21 A.D.3d 502; 799 N.Y.S.2d 740
Court Abbreviation: N.Y. App. Div.
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