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People v. Binger

Appellate Division of the Supreme Court of New York, First Department
Feb 26, 2001
280 A.D.2d 390 (N.Y. App. Div. 2001)

Opinion

February 26, 2001.

Judgment, Supreme Court, Bronx County (John Moore, J.), rendered March 19, 1996, convicting defendant, after a jury trial, of robbery in the first degree and robbery in the second degree, and sentencing him to concurrent terms of 4 to 12 years, unanimously affirmed.

Mary B. McGarvey-Depuy, for respondent.

Christopher W. Dysard, for defendant-appellant.

Before: Rosenberger, J.P., Nardelli, Andrias, Ellerin, Saxe, JJ.


The challenged portions of the prosecutor's summation did not deprive defendant of a fair trial (see, People v. Overlee, 236 A.D.2d 133, lv denied 91 N.Y.2d 976; People v. D'Alessandro, 184 A.D.2d 114, 118-119,lv denied 81 N.Y.2d 884). The challenged remarks were, for the most part, proper responses to the defense summation, which included attacks on the complainant's credibility. The prosecutor made proper, evidence-based comments on the credibility of defense witnesses and did not imply that defendant had a burden of proof. Any misstatement of the evidence was brief, trivial and could not have caused any prejudice.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Binger

Appellate Division of the Supreme Court of New York, First Department
Feb 26, 2001
280 A.D.2d 390 (N.Y. App. Div. 2001)
Case details for

People v. Binger

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. MIGUEL BINGER, A/K/A…

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

Date published: Feb 26, 2001

Citations

280 A.D.2d 390 (N.Y. App. Div. 2001)
720 N.Y.S.2d 783