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People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Oct 20, 1986
123 A.D.2d 798 (N.Y. App. Div. 1986)

Opinion

October 20, 1986

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


Ordered that the judgment is affirmed.

The prosecutor's summation diverged from the confines of the evidence adduced at trial in certain minor respects. These inaccuracies were, however, so inconsequential as to be harmless as a matter of law, and a new trial is therefore not warranted (see generally, People v Roopchand, 65 N.Y.2d 837, affd 107 A.D.2d 35; People v Galloway, 54 N.Y.2d 396). We would further note that the trial court issued curative instructions to the effect that the jury's recollection of the evidence should prevail. Mollen, P.J., Thompson, Eiber and Spatt, JJ., concur.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Oct 20, 1986
123 A.D.2d 798 (N.Y. App. Div. 1986)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GREGORY SMITH…

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

Date published: Oct 20, 1986

Citations

123 A.D.2d 798 (N.Y. App. Div. 1986)

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