People v. Anderson

173 A.D.2d 174, 570 N.Y.S.2d 922, 1991 N.Y. App. Div. LEXIS 5555

Opinion

Judgment, Supreme Court, Bronx County (Joan Sudolnick, J.) rendered on July 6, 1988, convicting defendant, after a jury trial, of criminally negligent homicide, and sentencing him to an indeterminate term of imprisonment of from l-ió to 4 years, unanimously affirmed.

Numerous witnesses observed defendant hitting or arguing with the decedent, who after being taken into the hospital, lapsed into a coma and died. At trial, during summation, the defense made statements implying that the People’s witnesses were not telling the truth. The prosecutor’s comments at summation constituted fair response. (People v Devonish, 159 AD2d 320, 321, lv denied 76 NY2d 733.) Concur—Milonas, J. P., Rosenberger, Kassal and Rubin, JJ.