From Casetext: Smarter Legal Research

People v. Evans

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 29, 1995
219 A.D.2d 805 (N.Y. App. Div. 1995)

Opinion

September 29, 1995

Appeal from the Erie County Court, Drury, J.

Present — Green, J.P., Lawton, Fallon, Doerr and Boehm, JJ.


Judgment unanimously affirmed. Memorandum: The prosecutor's statements on summation did not constitute improper vouching for the credibility of the police witnesses, but were made "in fair response to statements made by the defense [citation omitted]" (People v Maisonet, 172 A.D.2d 274, lv denied 78 N.Y.2d 969). In light of the lengthy criminal history of defendant, we conclude that his sentence is neither unduly harsh nor severe (see, CPL 470.15 [c]). Finally, we reject the contention that juror misconduct deprived defendant of a fair trial (see, People v Estrada, 191 A.D.2d 286, lv denied 81 N.Y.2d 1013).


Summaries of

People v. Evans

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 29, 1995
219 A.D.2d 805 (N.Y. App. Div. 1995)
Case details for

People v. Evans

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICKY EVANS, Also…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Sep 29, 1995

Citations

219 A.D.2d 805 (N.Y. App. Div. 1995)
632 N.Y.S.2d 1022