People v. Holmes

Appellate Division of the Supreme Court of New York

People v. Holmes

249 A.D.2d 228, 672 N.Y.S.2d 682, 1998 N.Y. App. Div. LEXIS 4769

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 30, 1998

StatusPublished

This text of 249 A.D.2d 228 (People v. Holmes) 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. Holmes, 249 A.D.2d 228, 672 N.Y.S.2d 682, 1998 N.Y. App. Div. LEXIS 4769 (N.Y. Ct. App. 1998).

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Opinion

—Judgment, Supreme Court, New York County (Felice Shea, J.), rendered January 29,1996, convicting defendant, after a jury trial, of three counts of robbery in the first degree and one count of burglary in the first degree, and sentencing him, as a persistent felony of[229]*229fender, to four concurrent prison terms of 12 years to life, unanimously affirmed.

The challenged portions of the People’s summation were fair comment. Although defendant’s summation primarily focused on the accuracy of the identification, it nevertheless challenged the complainants’ veracity as well, and thus, the prosecutor’s brief discussion of credibility issues was appropriate (People v Harvey, 184 AD2d 311, lv denied 80 NY2d 904). Concur — Milonas, J. P., Wallach, Tom, Mazzarelli and Saxe, JJ.

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—Judgment, Supreme Court, New York County (Felice Shea, J.), rendered January 29,1996, convicting defendant, after a jury trial, of three counts of robbery in the first degree and one count of burglary in the first degree, and sentencing him, as a persistent felony of[229]*229fender, to four concurrent prison terms of 12 years to life, unanimously affirmed.

The challenged portions of the People’s summation were fair comment. Although defendant’s summation primarily focused on the accuracy of the identification, it nevertheless challenged the complainants’ veracity as well, and thus, the prosecutor’s brief discussion of credibility issues was appropriate (People v Harvey, 184 AD2d 311, lv denied 80 NY2d 904). Concur — Milonas, J. P., Wallach, Tom, Mazzarelli and Saxe, JJ.

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Bluebook (online)

249 A.D.2d 228, 672 N.Y.S.2d 682, 1998 N.Y. App. Div. LEXIS 4769, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-holmes-nyappdiv-1998.

Opinion

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