People v. Dukes

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANGELO DUKES, Appellant

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

Date published: Sep 30, 1997

242 A.D.2d 514 (N.Y. App. Div. 1997)

663 N.Y.S.2d 825

Opinion

September 30, 1997

Appeal from Supreme Court, New York County (Sheila Abdus-Salaam, J.).

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Factual issues were properly presented to the jury and we see no reason to disturb its findings ( see, People v. Gaimari, 176 N.Y. 84, 94). The court's denial of defendant's day-of-trial request for a continuance for the substitution of retained counsel was a proper exercise of discretion ( People v. Arroyave, 49 N.Y.2d 264). The challenged portions of the People's summation do not warrant reversal ( see, People v. Galloway, 54 N.Y.2d 396). We have reviewed defendant's remaining contentions and find them to be without merit.

Concur — Milonas, J.P., Nardelli, Rubin, Mazzarelli and Andrias, JJ.