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People v. Whyte

Appellate Division of the Supreme Court of New York, First Department
Jun 27, 1996
228 A.D.2d 395 (N.Y. App. Div. 1996)

Opinion

June 27, 1996

Appeal from the Supreme Court, New York County (James Leff, J.).


Defendant's claims of prosecutorial misconduct are for the most part unpreserved. In any event, review of the record indicates that the prosecutor's conduct of the trial did not deprive defendant of his right to a fair trial ( see, People v. Galloway, 54 N.Y.2d 396). When viewed in context, the prosecutor's summation comments for the most part constituted appropriate response to the defense summation ( People v. Marks, 6 N.Y.2d 67, cert denied 362 U.S. 912), and fair comment on the evidence, presented within the broad bounds of rhetorical comment permissible in closing argument ( People v. Galloway, supra).

The available record indicates that in addition to securing a pretrial suppression hearing in connection with identification testimony, defense counsel thoroughly cross-examined the People's witnesses, presented numerous witnesses to provide alibi testimony, and offered cogent closing and opening arguments, all in support of a misidentification defense. In these circumstances, defendant received meaningful assistance of counsel ( People v. Baldi, 54 N.Y.2d 137). Hindsight or mere differences in connection with professional judgment of counsel do not "translate" into ineffective assistance of counsel ( People v. Flores, 84 N.Y.2d 184, 189).

Concur — Sullivan, J.P., Rosenberger, Rubin, Nardelli and Williams, JJ.


Summaries of

People v. Whyte

Appellate Division of the Supreme Court of New York, First Department
Jun 27, 1996
228 A.D.2d 395 (N.Y. App. Div. 1996)
Case details for

People v. Whyte

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DORRELL WHYTE…

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

Date published: Jun 27, 1996

Citations

228 A.D.2d 395 (N.Y. App. Div. 1996)
645 N.Y.S.2d 292

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