Opinion

BROWN, LEROY, PEOPLE v

Court
Appellate Division of the Supreme Court of the State of New York
Filed
Apr 20, 2012
Status
Published
Cited by
0 cases
Authority
More cited than 3.2%

The opinion

SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

558

KA 08-01685

PRESENT: SCUDDER, P.J., CENTRA, LINDLEY, SCONIERS, AND MARTOCHE, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V MEMORANDUM AND ORDER

LEROY BROWN, DEFENDANT-APPELLANT.

TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (DAVID R. JUERGENS OF

COUNSEL), FOR DEFENDANT-APPELLANT.

MICHAEL C. GREEN, DISTRICT ATTORNEY, ROCHESTER (NICOLE M. FANTIGROSSI

OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Monroe County Court (Frank P.

Geraci, Jr., J.), rendered May 21, 2008. The judgment convicted

defendant, upon a jury verdict, of criminal contempt in the first

degree and harassment in the second degree.

It is hereby ORDERED that the judgment so appealed from is

unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him

upon a jury verdict of criminal contempt in the first degree (Penal

Law § 215.51 [b] [v]) and harassment in the second degree (§ 240.26

[1]). Defendant failed to preserve for our review his contention that

he was deprived of a fair trial based on prosecutorial misconduct

during summation (see People v McEathron, 86 AD3d 915, 916; People v

Lyon, 77 AD3d 1338, 1339, lv denied 15 NY3d 954). Specifically,

defendant either failed to object to the alleged instances of

misconduct (see People v Paul, 78 AD3d 1684, 1684-1685, lv denied 16

NY3d 834), or his objections thereto “were merely general objections

without a specified basis” (People v Beggs, 19 AD3d 1150, 1151, lv

denied 5 NY3d 803; see People v Parks, 66 AD3d 1429, 1430, lv denied

14 NY3d 804; see generally People v Romero, 7 NY3d 911, 912). In any

event, defendant’s contention is without merit. The majority of the

comments in question were within “ ‘the broad bounds of rhetorical

comment permissible’ ” during summations (People v Williams, 28 AD3d

1059, 1061, affd 8 NY3d 854, quoting People v Galloway, 54 NY2d 396,

399), and they were “either a fair response to defense counsel’s

summation or fair comment on the evidence” (McEathron, 86 AD3d at 916

[internal quotation marks omitted]). “Even assuming, arguendo, that

some of the prosecutor’s comments were beyond those bounds, we

conclude that they were not so egregious as to deprive defendant of a

-2- 558

KA 08-01685

fair trial” (id.).

Entered: April 20, 2012 Frances E. Cafarell

Clerk of the Court

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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