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People v. Barton

Appellate Division of the Supreme Court of New York, First Department
Jun 28, 2005
19 A.D.3d 304 (N.Y. App. Div. 2005)

Opinion

6445.

June 28, 2005.

Judgment, Supreme Court, New York County (Lewis Bart Stone, J.), rendered March 31, 2003, convicting defendant, after a jury trial, of criminal possession of stolen property in the third degree and unauthorized use of a vehicle in the second degree, and sentencing him, as a second felony offender, to an aggregate term of 3½ to 7 years, unanimously affirmed.

Laura R. Johnson, The Legal Aid Society, New York (Natalie Rea of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Jennifer L. Lowry of counsel), for respondent.

Before: Saxe, J.P., Nardelli, Williams, Gonzalez and Catterson, JJ.


The court properly exercised its discretion in precluding defendant from making summation comments that lacked a good faith basis and rested on speculation ( see People v. Tankleff, 84 NY2d 992; People v. Galloway, 54 NY2d 396, 399). The court's rulings did not impair defendant's right to deliver a summation and present a defense.

Defendant's remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.


Summaries of

People v. Barton

Appellate Division of the Supreme Court of New York, First Department
Jun 28, 2005
19 A.D.3d 304 (N.Y. App. Div. 2005)
Case details for

People v. Barton

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEAN BARTON, Appellant

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

Date published: Jun 28, 2005

Citations

19 A.D.3d 304 (N.Y. App. Div. 2005)
798 N.Y.S.2d 406

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