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People v. Kirton

Appellate Division of the Supreme Court of New York, Second Department
Jan 8, 1990
157 A.D.2d 671 (N.Y. App. Div. 1990)

Opinion

January 8, 1990

Appeal from the County Court, Nassau County (Thorp, J.).


Ordered that the judgment is affirmed.

The defendant's contention that the testimony of two detectives constituted improper bolstering (see, People v. Trowbridge, 305 N.Y. 471) was not preserved for appellate review (see, CPL 470.05; People v. Ray, 127 A.D.2d 859; People v. Merritt, 117 A.D.2d 629). In any event, in view of the overwhelming evidence of guilt, including clear and strong proof of the defendant's identity as the perpetrator, the error, if any, was harmless (see, People v. Johnson, 57 N.Y.2d 969, 970; People v. Mobley, 56 N.Y.2d 584, 585; People v. Ray, supra; People v. Merritt, supra).

We find that defendant's contentions with respect to the prosecutor's summation are either unpreserved for appellate review or are without merit (see, CPL 470.05; People v Nuccie, 57 N.Y.2d 818; People v. Crimmins, 36 N.Y.2d 230; People v Paul, 116 A.D.2d 746).

Under the circumstances, the defendant's sentence was appropriate (see, People v. Suitte, 90 A.D.2d 80). Lawrence, J.P., Kunzeman, Eiber and Harwood, JJ., concur.


Summaries of

People v. Kirton

Appellate Division of the Supreme Court of New York, Second Department
Jan 8, 1990
157 A.D.2d 671 (N.Y. App. Div. 1990)
Case details for

People v. Kirton

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID KIRTON, Appellant

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

Date published: Jan 8, 1990

Citations

157 A.D.2d 671 (N.Y. App. Div. 1990)