People v. Lastra

Appellate Division of the Supreme Court of New York

People v. Lastra

172 A.D.2d 412, 570 N.Y.S.2d 913, 1991 N.Y. App. Div. LEXIS 4989

Appellate Division of the Supreme Court of the State of New York·Decided April 25, 1991·Published

Opinion

Judgment, Supreme Court, New York County (Angela Mazzarrelli, J.) rendered August 17, 1989, convicting defendant after a jury trial of criminal sale of a controlled substance in the third degree and sentencing defendant as a second felony offender to an indeterminate term of imprisonment of from 5 to 10 years, unanimously affirmed.

Any possibility that the prosecutor’s summation shifted the burden of proof was negated by the trial court’s subsequent instructions to the jury. Moreover, the summation, when evaluated as a whole, cannot be said to have deprived defendant of his right to a fair trial (see, People v Higgins, 88 AD2d 921). Concur—Sullivan, J. P., Carro, Rosenberger, Kupferman and Rubin, JJ.

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Judgment, Supreme Court, New York County (Angela Mazzarrelli, J.) rendered August 17, 1989, convicting defendant after a jury trial of criminal sale of a controlled substance in the third degree and sentencing defendant as a second felony offender to an indeterminate term of imprisonment of from 5 to 10 years, unanimously affirmed.

Any possibility that the prosecutor’s summation shifted the burden of proof was negated by the trial court’s subsequent instructions to the jury. Moreover, the summation, when evaluated as a whole, cannot be said to have deprived defendant of his right to a fair trial (see, People v Higgins, 88 AD2d 921). Concur—Sullivan, J. P., Carro, Rosenberger, Kupferman and Rubin, JJ.

People v. Lastra, 172 A.D.2d 412, 570 N.Y.S.2d 913, 1991 N.Y. App. Div. LEXIS 4989 (N.Y. Ct. App. 1991).

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Opinion

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