PEOPLE v. POWELL (1999)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Milton POWELL, Defendant-Appellant.

Decided: February 09, 1999

SULLIVAN, J.P., ROSENBERGER, NARDELLI and RUBIN, JJ.

Patrick F. Breen, for Respondent. Stanley Neustadter, for Defendant-Appellant.

Judgment, Supreme Court, Bronx County (Robert Cohen, J.), rendered August 28, 1996, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. We see no reason to disturb the jury's determinations concerning credibility and reliability of identification testimony.

By sustaining defendant's objections and delivering suitable curative instructions that the jury is presumed to have followed (see, People v. Davis, 58 N.Y.2d 1102, 1104, 462 N.Y.S.2d 816, 449 N.E.2d 710), the court corrected any prejudice that might have resulted from the objectionable portions of the People's summation (see, People v. Howard, 207 A.D.2d 751, 616 N.Y.S.2d 731, lv. denied 84 N.Y.2d 1012, 622 N.Y.S.2d 923, 647 N.E.2d 129). Accordingly, these summation comments did not deprive defendant of a fair trial.

MEMORANDUM DECISION.

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