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People v. Henderson

Appellate Division of the Supreme Court of New York, First Department
Mar 30, 1995
213 A.D.2d 349 (N.Y. App. Div. 1995)

Opinion

March 30, 1995

Appeal from the Supreme Court, Bronx County (Irene Duffy, J.).


While much of the People's summation would have been better left unsaid, the summation generally remained within the broad bounds of permissible advocacy (People v. Galloway, 54 N.Y.2d 396, 399). In any event, any errors with respect to the summation were harmless beyond a reasonable doubt in view of the overwhelming evidence of guilt (People v. Crimmins, 36 N.Y.2d 230). The only issue was justification, but even defendant's own testimony failed to support that defense.

While defendant's request to play a tape recording for the benefit of the jury should have been granted, the error was harmless, because the contents and existence of the tape were undisputed and already known to the jury, because the tape related to a marginal issue, and because, as noted, the evidence of guilt was overwhelming.

We find defendant's remaining contentions to be without merit.

Concur — Rubin, J.P., Ross, Nardelli, Williams and Tom, JJ.


Summaries of

People v. Henderson

Appellate Division of the Supreme Court of New York, First Department
Mar 30, 1995
213 A.D.2d 349 (N.Y. App. Div. 1995)
Case details for

People v. Henderson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LOUIS HENDERSON…

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

Date published: Mar 30, 1995

Citations

213 A.D.2d 349 (N.Y. App. Div. 1995)
624 N.Y.S.2d 416

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