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People v. Pagan

Appellate Division of the Supreme Court of New York, First Department
Jun 21, 2005
19 A.D.3d 242 (N.Y. App. Div. 2005)

Opinion

6392.

June 21, 2005.

Judgment, Supreme Court, Bronx County (Patricia Anne Williams, J.), rendered March 5, 2002, convicting defendant, after a jury trial, of robbery in the first degree, and sentencing him to a term of eight years, unanimously affirmed.

Richard M. Greenberg, Office of the Appellate Defender, New York (Jonathan Marvinny of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Jessica Carmela Darpino of counsel), for respondent.

Before: Tom, J.P., Saxe, Marlow, Ellerin and Catterson, JJ.


Although the prosecutor's summation statement that a detective found defendant's address after he "ran his records" was improper, the court's curative instruction was sufficient to prevent any prejudice. The other summation remarks challenged on appeal were fair comment based upon the evidence ( see People v. Overlee, 236 AD2d 133, lv denied 91 NY2d 976). We perceive no basis for reducing the sentence.


Summaries of

People v. Pagan

Appellate Division of the Supreme Court of New York, First Department
Jun 21, 2005
19 A.D.3d 242 (N.Y. App. Div. 2005)
Case details for

People v. Pagan

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DENNIS PAGAN, Appellant

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

Date published: Jun 21, 2005

Citations

19 A.D.3d 242 (N.Y. App. Div. 2005)
797 N.Y.S.2d 70