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People v. Seabrook

Appellate Division of the Supreme Court of New York, Second Department
Mar 8, 1993
191 A.D.2d 524 (N.Y. App. Div. 1993)

Opinion

March 8, 1993

Appeal from the Supreme Court, Kings County (Broomer, J.).


Ordered that the judgment is affirmed.

The defendant argues that certain allegedly improper comments made by the prosecutor during summation deprived him of a fair trial. However, the prosecutor's comments can only be fairly evaluated in comparison with the summation comments of the defense counsel (see, People v. Bosmond, 154 A.D.2d 689). Upon review of the record, the prosecutor's remarks either constituted a fair response to the defense counsel's summation or were within the confines of the evidence (see, People v. Ashwal, 39 N.Y.2d 105, 109; People v. Jones, 173 A.D.2d 853, 854). Therefore, the defendant was not denied his right to a fair trial.

In addition, the sentence imposed is not excessive given the defendant's criminal history and the circumstances of this case (see, People v. Suitte, 90 A.D.2d 80). Thompson, J.P., Bracken, Eiber and Pizzuto, JJ., concur.


Summaries of

People v. Seabrook

Appellate Division of the Supreme Court of New York, Second Department
Mar 8, 1993
191 A.D.2d 524 (N.Y. App. Div. 1993)
Case details for

People v. Seabrook

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RODNEY SEABROOK…

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

Date published: Mar 8, 1993

Citations

191 A.D.2d 524 (N.Y. App. Div. 1993)
596 N.Y.S.2d 713