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People v. Covington

Appellate Division of the Supreme Court of New York, Second Department
Oct 28, 1975
49 A.D.2d 951 (N.Y. App. Div. 1975)

Opinion

October 28, 1975


Appeal by defendant from two judgments of the Supreme Court, Kings County, both rendered October 16, 1974, the first convicting him of robbery in the first degree and grand larceny in the third degree (two counts), upon a jury verdict, and imposing sentence, and the second convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence. Judgments affirmed. The District Attorney should not have referred to defendant's failure to call a particular witness, but in view of the nature of the error as to that and of the overwhelming proof at the trial of defendant's guilt, there was no reasonable possibility that the error contributed to defendant's conviction (People v Crimmins, 36 N.Y.2d 230). No objections were made by the defense when the comment was made and no corrective instructions were requested. Latham, Acting P.J., Cohalan, Brennan, Munder and Shapiro, JJ., concur.


Summaries of

People v. Covington

Appellate Division of the Supreme Court of New York, Second Department
Oct 28, 1975
49 A.D.2d 951 (N.Y. App. Div. 1975)
Case details for

People v. Covington

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GERALD COVINGTON…

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

Date published: Oct 28, 1975

Citations

49 A.D.2d 951 (N.Y. App. Div. 1975)