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People v. Miller

Appellate Division of the Supreme Court of New York, Fourth Department
May 10, 2000
272 A.D.2d 925 (N.Y. App. Div. 2000)

Opinion

May 10, 2000.

Appeal from Judgment of Supreme Court, Monroe County, Mark, J. — Robbery, 1st Degree.

Judgment unanimously affirmed.

PRESENT: PIGOTT, JR., P. J., PINE, SCUDDER AND LAWTON, JJ.


Memorandum:

Defendant contends that he was deprived of a fair trial by prosecutorial misconduct on summation. We disagree. The record fails to establish that defendant was prejudiced when the prosecutor pointed his finger at defendant during summation ( see, People v. Duvall, 260 A.D.2d 183, 184, lv denied 93 N.Y.2d 924). Furthermore, the prosecutor's question, "Why do you bring a knife at 11:00 at night to get delmonico steaks?" falls within the broad scope of rhetorical comment permitted on summation ( see generally, People v. Galloway, 54 N.Y.2d 396, 399). Contrary to defendant's contention, the prosecutor did not specifically call defendant a thief ( cf., People v. Stewart, 92 A.D.2d 226, 230-231). To the extent that the prosecutor's comments on summation were inappropriate, they were not so egregious as to deprive defendant of a fair trial ( see, People v. Roopchand, 107 A.D.2d 35, 36-37, affd 65 N.Y.2d 837).


Summaries of

People v. Miller

Appellate Division of the Supreme Court of New York, Fourth Department
May 10, 2000
272 A.D.2d 925 (N.Y. App. Div. 2000)
Case details for

People v. Miller

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. DAVID P. MILLER…

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

Date published: May 10, 2000

Citations

272 A.D.2d 925 (N.Y. App. Div. 2000)
708 N.Y.S.2d 779

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