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People v. Smith

Appellate Division of the Supreme Court of New York, First Department
Oct 19, 1999
265 A.D.2d 213 (N.Y. App. Div. 1999)

Opinion

October 19, 1999

Judgment, Supreme Court, New York County (Michael Obus, J.), rendered September 16, 1998, convicting defendant, after a jury trial, of two counts of robbery in the second degree, and sentencing him, as a second felony offender, to concurrent terms of 6 years, unanimously affirmed.


The challenged portions of the People's summation were fair response to the summations of defendant and his codefendant (see, People v. Overlee, 236 A.D.2d 133 lv denied 91 N.Y.2d 976), and could not in any event have deprived defendant of a fair trial (see, People v. D'Alessandro, 184 A.D.2d 114 lv denied 81 N.Y.2d 884), particularly in view of the court's instructions to the jury.

Motion seeking to file a pro se supplemental brief denied.

SULLIVAN, J.P., NARDELLI, WILLIAMS, MAZZARELLI, ANDRIAS, JJ.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, First Department
Oct 19, 1999
265 A.D.2d 213 (N.Y. App. Div. 1999)
Case details for

People v. Smith

Case Details

Full title:The People of the State of New York, Respondent, v. Melvin Smith, etc.…

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

Date published: Oct 19, 1999

Citations

265 A.D.2d 213 (N.Y. App. Div. 1999)
697 N.Y.S.2d 254