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People v. Gonzalez

Appellate Division of the Supreme Court of New York, Second Department
Feb 8, 1988
137 A.D.2d 618 (N.Y. App. Div. 1988)

Opinion

February 8, 1988

Appeal from the Supreme Court, Queens County (Dunkin, J.).


Ordered that the judgment is affirmed.

The proof of the defendant's guilt was overwhelming, and there is no possibility that the jury would have returned a different verdict in the absence of certain improper remarks by the prosecutor (see, People v Crimmins, 36 N.Y.2d 230; People v Roopchand, 107 A.D.2d 35, affd 65 N.Y.2d 837). However, while we affirm the defendant's conviction, we repeat our previous admonishment to prosecutors and advise the trial bench that remarks of an inflammatory nature or content have no place in the conduct of the People's representatives in court (see, People v Roopchand, supra, at 37).

The defendant's remaining contention regarding his sentence is without merit. Mangano, J.P., Brown, Lawrence and Sullivan, JJ., concur.


Summaries of

People v. Gonzalez

Appellate Division of the Supreme Court of New York, Second Department
Feb 8, 1988
137 A.D.2d 618 (N.Y. App. Div. 1988)
Case details for

People v. Gonzalez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NELSON GONZALEZ…

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

Date published: Feb 8, 1988

Citations

137 A.D.2d 618 (N.Y. App. Div. 1988)

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