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People v. Agosto

130 A.D.2d 663, 515 N.Y.S.2d 414, 1987 N.Y. App. Div. LEXIS 46677
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 18, 1987
StatusPublished

This text of 130 A.D.2d 663 (People v. Agosto) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Agosto, 130 A.D.2d 663, 515 N.Y.S.2d 414, 1987 N.Y. App. Div. LEXIS 46677 (N.Y. Ct. App. 1987).

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Aiello, J.), rendered March 27, 1984, convicting him of murder in the second degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that prosecutorial misconduct during summation deprived him of a fair trial. We do not agree. While some of the prosecutor’s comments in referring to the defendant warrant criticism, they were not prejudicial when viewed in the light of the overwhelming evidence against him (cf., People v Galloway, 54 NY2d 396, 401; People v Brosnan, 32 NY2d 254, 262; People v Kingston, 8 NY2d 384; People v Roopchand, 107 AD2d 35, 36, affd 65 NY2d 837).

We have considered the defendant’s remaining contention and find it to be without merit. Mollen, P. J., Thompson, Brown and Rubin, JJ., concur.

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Related

People v. Kingston
171 N.E.2d 306 (New York Court of Appeals, 1960)
People v. Brosnan
298 N.E.2d 78 (New York Court of Appeals, 1973)
People v. Galloway
430 N.E.2d 885 (New York Court of Appeals, 1981)
People v. Roopchand
107 A.D.2d 35 (Appellate Division of the Supreme Court of New York, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
130 A.D.2d 663, 515 N.Y.S.2d 414, 1987 N.Y. App. Div. LEXIS 46677, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-agosto-nyappdiv-1987.