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PEOPLE v. McINTYRE

177 A.D.2d 255 (1991)

The People of the State of New York, Respondent, v. Jeffrey Scott McIntyre, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

November 7, 1991

Defendant's challenges to the prosecutor's comments during summation are unpreserved as a matter of law. (CPL 470.05 [2]; People v Balls, 69 N.Y.2d 641.) Were we to consider them, in the interest of justice, we would nonetheless find them to be without merit. The prosecutor's comment that "we didn't hear anything else other than reasonable doubt maybe 350 times", in context, did not shift...

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