Opinion · Appellate Division of the Supreme Court of the State of New York

People v. Estrella

156 A.D.2d 710

Type
Opinion
Court
Appellate Division of the Supreme Court of the State of New York
Jurisdiction
New York
Date
1989-12-26
Topic
general

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Huttner, J.), rendered June 3, 1987, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence. Ordered that the judgment is affirmed. The defendant contends that the prosecutor’s summation deprived him of a fair trial. Specifically, he contends that the prosecutor impermissibly vouched for the credibility of the complainant by stating that complainant was a "working man” and "staightforward”. However, the prosecutor’s remarks, which must be evaluated in comparison with the summation of defense counsel (see, People v Draksin, 145 AD2d 500), were proper.

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6 opinions

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Huttner, J.), rendered June 3, 1987, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the prosecutor’s summation deprived him of a fair trial. Specifically, he contends that the prosecutor impermissibly vouched for the credibility of the complainant by stating that complainant was a "working man” and "staightforward”. However, the prosecutor’s remarks, which must be evaluated in comparison with the summation of defense counsel (see, People v Draksin, 145 AD2d 500), were proper.

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Mangano, J. P., Bracken, Kooper and Sullivan, JJ., concur.