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People v. Gates

Appellate Division of the Supreme Court of New York, First Department
Jan 16, 1997
235 A.D.2d 276 (N.Y. App. Div. 1997)

Opinion

January 16, 1997.

Judgment, Supreme Court, New York County (Richard Carruthers, J.), rendered September 14, 1994, convicting defendant, after a jury trial, of robbery in the second degree and resisting arrest, and sentencing him, as a persistent violent felony offender, to concurrent prison terms of 8 years to life and 1 year, respectively, unanimously affirmed.

Before: Milonas, J. P., Rosenberger, Rubin, Williams and Andrias, JJ.


The evidence was legally sufficient to establish that defendant took the complainant's money with the aid of accomplices. Upon an independent review of the facts, we find the verdict was not against the weight of the evidence. The issues raised by defendant regarding inconsistencies in testimony were properly placed before the jury, and we find no reason to disturb its determination.

Contrary to defendant's contention, the jury selection process did not violate CPL 270.15 ( People v Alston, 88 NY2d 519). The challenged portions of the People's summation were fair responses to the arguments made by defense counsel, and did not exceed the broad bounds of rhetorical comment permissible in closing argument ( People v Galloway, 54 NY2d 396, 399).


Summaries of

People v. Gates

Appellate Division of the Supreme Court of New York, First Department
Jan 16, 1997
235 A.D.2d 276 (N.Y. App. Div. 1997)
Case details for

People v. Gates

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GREGORY GATES…

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

Date published: Jan 16, 1997

Citations

235 A.D.2d 276 (N.Y. App. Div. 1997)
652 N.Y.S.2d 517