People v. Lesane

Appellate Division of the Supreme Court of New York

People v. Lesane

221 A.D.2d 234, 634 N.Y.S.2d 5, 1995 N.Y. App. Div. LEXIS 12097

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

DecidedNovember 21, 1995

StatusPublished

This text of 221 A.D.2d 234 (People v. Lesane) 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. Lesane, 221 A.D.2d 234, 634 N.Y.S.2d 5, 1995 N.Y. App. Div. LEXIS 12097 (N.Y. Ct. App. 1995).

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Opinion

—Judgment, Supreme Court, Bronx County (William Donnino, J.), rendered February 23, 1993, convicting defendant, after jury trial, of criminal possession of a weapon in the second degree and assault in the first degree, and sentencing him, as a second felony offender, to concurrent terms of 5 to 10 years, unanimously affirmed.

Defendant’s motion for a mistrial was properly denied, since any prejudice caused by the comment that may have suggested that defendant had intimidated witnesses was dissipated by the court’s prompt and pointed instructions to the jury to disregard it (see, People v Ashwal, 39 NY2d 105, 111; compare, People v Trinidad, 59 NY2d 820). Moreover, given the overwhelming evidence of guilt, there is no reasonable possibility that this isolated comment affected the verdict (see, People v Brown, 208 AD2d 414, lv denied 85 NY2d 906). The other challenged portions of the prosecutor’s summation were within the bounds of rhetorical comment permissible in closing arguments and responsive to defense counsel’s summation (see, People v Johnson, 205 AD2d 309, lv denied 84 NY2d 827). Concur— Murphy, P. J., Sullivan, Wallach, Ross and Williams, JJ.

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—Judgment, Supreme Court, Bronx County (William Donnino, J.), rendered February 23, 1993, convicting defendant, after jury trial, of criminal possession of a weapon in the second degree and assault in the first degree, and sentencing him, as a second felony offender, to concurrent terms of 5 to 10 years, unanimously affirmed.

Defendant’s motion for a mistrial was properly denied, since any prejudice caused by the comment that may have suggested that defendant had intimidated witnesses was dissipated by the court’s prompt and pointed instructions to the jury to disregard it (see, People v Ashwal, 39 NY2d 105, 111; compare, People v Trinidad, 59 NY2d 820). Moreover, given the overwhelming evidence of guilt, there is no reasonable possibility that this isolated comment affected the verdict (see, People v Brown, 208 AD2d 414, lv denied 85 NY2d 906). The other challenged portions of the prosecutor’s summation were within the bounds of rhetorical comment permissible in closing arguments and responsive to defense counsel’s summation (see, People v Johnson, 205 AD2d 309, lv denied 84 NY2d 827). Concur— Murphy, P. J., Sullivan, Wallach, Ross and Williams, JJ.

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Bluebook (online)

221 A.D.2d 234, 634 N.Y.S.2d 5, 1995 N.Y. App. Div. LEXIS 12097, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lesane-nyappdiv-1995.

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