People v Morris
2008 NY Slip Op 09626 [57 AD3d 573]
December 2, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 11, 2009


The People of the State of New York, Respondent,
v
Eugene Morris, Appellant.

—[*1] Lynn W. L. Fahey, New York, N.Y. (Michael Dang of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Christopher Barnett of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Buchter, J.), rendered December 11, 2006, convicting him of attempted robbery in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that certain comments made by the prosecutor constituted reversible error. To the extent that the prosecutor made improper remarks during summation, the error was harmless (see People v Crimmins, 36 NY2d 230 [1975]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80, 86 [1982]). Skelos, J.P., Lifson, Santucci and Carni, JJ., concur.