People v. Webb

Appellate Division of the Supreme Court of New York

People v. Webb

23 A.D.2d 893, 260 N.Y.S.2d 95, 1965 N.Y. App. Div. LEXIS 4081

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

DecidedMay 24, 1965

StatusPublished

This text of 23 A.D.2d 893 (People v. Webb) 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. Webb, 23 A.D.2d 893, 260 N.Y.S.2d 95, 1965 N.Y. App. Div. LEXIS 4081 (N.Y. Ct. App. 1965).

Pincite

Opinion

Appeal by defendant from a judgment of the former County Court, Queens County, rendered October 20, 1950 after a jury trial, convicting him of robbery in the first degree, grand larceny in the first degree, attempted rape in the first degree, and assault in the second degree, and imposing sentence upon him as a second felony offender. Judgment affirmed. We find improper: (a) the prosecutor’s reference to defendant as a “bum”; (b) the prosecutor’s remarks regarding the necessity of a trial occasioned by the apprehending officer’s failure to shoot the defendant during pursuit; and (e) the prosecutor’s unwarranted criticism of defense counsel’s conduct of the trial. However, the proof of defendant’s guilt was clear and convincing, and under all the circumstances disclosed by this record we find that such improprieties were not material; they did not affect the result or deprive defendant of a fair trial. Beldock, P. J., Ughetta, Christ, Hopkins and Benjamin, JJ., concur.

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Appeal by defendant from a judgment of the former County Court, Queens County, rendered October 20, 1950 after a jury trial, convicting him of robbery in the first degree, grand larceny in the first degree, attempted rape in the first degree, and assault in the second degree, and imposing sentence upon him as a second felony offender. Judgment affirmed. We find improper: (a) the prosecutor’s reference to defendant as a “bum”; (b) the prosecutor’s remarks regarding the necessity of a trial occasioned by the apprehending officer’s failure to shoot the defendant during pursuit; and (e) the prosecutor’s unwarranted criticism of defense counsel’s conduct of the trial. However, the proof of defendant’s guilt was clear and convincing, and under all the circumstances disclosed by this record we find that such improprieties were not material; they did not affect the result or deprive defendant of a fair trial. Beldock, P. J., Ughetta, Christ, Hopkins and Benjamin, JJ., concur.

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Bluebook (online)

23 A.D.2d 893, 260 N.Y.S.2d 95, 1965 N.Y. App. Div. LEXIS 4081, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-webb-nyappdiv-1965.