People v. Foster

Appellate Division of the Supreme Court of New York

People v. Foster

118 A.D.2d 654, 499 N.Y.S.2d 808, 1986 N.Y. App. Div. LEXIS 54516

Appellate Division of the Supreme Court of the State of New York·Decided March 10, 1986·Published·Cited by 7 cases

Opinions

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Demakos, J.), rendered April 12, 1983, convicting him of criminal possession of stolen property in the first degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

The trial court did not err in refusing the jury’s request that the summation of the defense counsel be reread, since the [655] content of counsel’s summation is not evidence (see, People v Jones, 106 AD2d 585; United States v Guanti, 421 F2d 792, 801, cert denied sub nom. Romano v United States, 400 US 832). The defendant’s remaining contentions have been reviewed and are without merit. Rubin, Lawrence and Kooper, JJ., concur.

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— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Demakos, J.), rendered April 12, 1983, convicting him of criminal possession of stolen property in the first degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

The trial court did not err in refusing the jury’s request that the summation of the defense counsel be reread, since the [655] content of counsel’s summation is not evidence (see, People v Jones, 106 AD2d 585; United States v Guanti, 421 F2d 792, 801, cert denied sub nom. Romano v United States, 400 US 832). The defendant’s remaining contentions have been reviewed and are without merit. Rubin, Lawrence and Kooper, JJ., concur.

People v. Foster, 118 A.D.2d 654, 499 N.Y.S.2d 808, 1986 N.Y. App. Div. LEXIS 54516 (N.Y. Ct. App. 1986).

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118 A.D.2d 654 (People v. Foster) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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