PEOPLE v. FELDMAN (1999)

Supreme Court, Appellate Division, Second Department, New York.

The PEOPLE, etc., respondent, v. Justin FELDMAN, appellant.

Decided: February 22, 1999

CORNELIUS J. O'BRIEN, J.P., DAVID S. RITTER, WILLIAM C. THOMPSON and GLORIA GOLDSTEIN, JJ.

M. Sue Wycoff, New York, N.Y. (Daniel Hsiung of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie and Caroline R. Donhauser of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Silverman, J.), rendered January 7, 1997, convicting him of manslaughter in the first degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The prosecutor's summation did not constitute reversible error. On some occasions where the prosecutor arguably overstepped proper bounds, the court provided prompt curative instructions to ameliorate any prejudice that might have resulted. Although the court improperly overruled objections to certain comments by the prosecutor, the errors were harmless in light of the overwhelming evidence of the defendant's guilt (see, People v. Crimmins, 36 N.Y.2d 230, 367 N.Y.S.2d 213, 326 N.E.2d 787).

The defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).

MEMORANDUM BY THE COURT.

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