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People v. Kane

Appellate Division of the Supreme Court of New York, Second Department
Mar 29, 1993
191 A.D.2d 711 (N.Y. App. Div. 1993)

Opinion

March 29, 1993

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


Ordered that the judgment is affirmed.

The defendant contends that his right to a fair trial was violated by the prosecutor's remarks during opening and closing statements, coupled with the testimony of a police officer, implying the defendant's guilt of an unrelated burglary just prior to his arrest leading to this indictment. We find that the prosecutor's remarks, coupled with certain testimony of the police officer constituted error, since neither the remarks nor the testimony were necessary to complete the narrative (cf., People v. Gines, 36 N.Y.2d 932). However, in light of the overwhelming proof of guilt, the error was harmless (see, People v. Jones, 182 A.D.2d 708).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are either without merit or do not require reversal. Sullivan, J.P., Rosenblatt, Lawrence and O'Brien, JJ., concur.


Summaries of

People v. Kane

Appellate Division of the Supreme Court of New York, Second Department
Mar 29, 1993
191 A.D.2d 711 (N.Y. App. Div. 1993)
Case details for

People v. Kane

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD KANE, Also…

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

Date published: Mar 29, 1993

Citations

191 A.D.2d 711 (N.Y. App. Div. 1993)
595 N.Y.S.2d 796