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People v. Dunlop

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


February 5, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
RICKY OMAR DUNLOP, DEFENDANT-APPELLANT.

Judgment, Supreme Court, New York County (James A. Yates, J.), rendered November 14, 2006, convicting defendant, after a jury trial, of attempted assault in the first degree, assault in the second degree and criminal possession of a weapon in the second and third degrees, and sentencing him to concurrent terms of 15 years, 7 years, 15 years and 7 years, respectively, unanimously affirmed.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Mazzarelli, J.P., Moskowitz, Renwick, Freedman, JJ.

5361/05

Defendant's challenges to the prosecutor's summation are unpreserved, and we decline to review them in the interest of justice. As an alternative holding, we also reject them on the merits. The challenged remarks were fair comment on the evidence, and were permissible responses to the defense summation (see People v Overlee, 236 AD2d 133 [1997], lv denied 91 NY2d 976 [1998]; People v D'Alessandro, 184 AD2d 114, 118-119 [1992], lv denied 81 NY2d 884 [1993]).

We perceive no basis for reducing the sentence.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090205

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