People v. Seabrook

Appellate Division of the Supreme Court of New York

People v. Seabrook

191 A.D.2d 524, 596 N.Y.S.2d 713

Appellate Division of the Supreme Court of the State of New York·Decided March 8, 1993·Published

Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Broomer, J.), rendered February 14, 1991, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant argues that certain allegedly improper comments made by the prosecutor during summation deprived him of a fair trial. However, the prosecutor’s comments can only be fairly evaluated in comparison with the summation comments of the defense counsel (see, People v Bosmond, 154 AD2d 689). Upon review of the record, the prosecutor’s remarks either constituted a fair response to the defense counsel’s summation or were within the confines of the evidence (see, People v Ashwal, 39 NY2d 105, 109; People v Jones, 173 AD2d 853, 854). Therefore, the defendant was not denied his right to a fair trial.

In addition, the sentence imposed is not excessive given the defendant’s criminal history and the circumstances of this case (see, People v Suitte, 90 AD2d 80). Thompson, J. P., Bracken, Fiber and Pizzuto, JJ., concur.

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—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Broomer, J.), rendered February 14, 1991, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant argues that certain allegedly improper comments made by the prosecutor during summation deprived him of a fair trial. However, the prosecutor’s comments can only be fairly evaluated in comparison with the summation comments of the defense counsel (see, People v Bosmond, 154 AD2d 689). Upon review of the record, the prosecutor’s remarks either constituted a fair response to the defense counsel’s summation or were within the confines of the evidence (see, People v Ashwal, 39 NY2d 105, 109; People v Jones, 173 AD2d 853, 854). Therefore, the defendant was not denied his right to a fair trial.

In addition, the sentence imposed is not excessive given the defendant’s criminal history and the circumstances of this case (see, People v Suitte, 90 AD2d 80). Thompson, J. P., Bracken, Fiber and Pizzuto, JJ., concur.

People v. Seabrook, 191 A.D.2d 524, 596 N.Y.S.2d 713 (N.Y. Ct. App. 1993).

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Opinion

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