People v. Robinson

203 A.D.2d 165, 610 N.Y.S.2d 789, 1994 N.Y. App. Div. LEXIS 4124

Opinion

—Judgment, Supreme Court, New York County (Edwin Torres, J.), rendered February 28, 1991, convicting defendant, after a jury trial, of attempted burglary in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 10 years to life, unanimously affirmed.

Defendant’s request for new counsel was properly denied for failure to show good cause for a substitution (see, People v Sawyer, 57 NY2d 12, 18-19, cert denied 459 US 1178). Defendant’s claim that he was denied a fair trial by the prosecutor’s comments during summation vouching for the credibility of the People’s witnesses is not preserved for appellate review as a matter of law (see, People v Nuccie, 57 NY2d 818, 819), and, in any event, not persuasive in view of defense summation comments attacking one prosecutor witness for having a motive to lie and accusing the police of having conspired to frame defendant (see, People v Emphram, 179 AD2d 402, 403, lv denied 79 NY2d 947). Concur — Carro, J. P., Kupferman, Asch, Nardelli and Williams, JJ.