PEOPLE v. SMITH (1999)

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

The PEOPLE of the State of New York, Respondent, v. Melvin SMITH, etc., Defendant-Appellant.

Decided: October 19, 1999

SULLIVAN, J.P., NARDELLI, WILLIAMS, MAZZARELLI and ANDRIAS, JJ.

Sandra E. Cavazos, for Respondent. Abigail Everett, for Defendant-Appellant.

Judgment, Supreme Court, New York County (Michael Obus, J.), rendered September 16, 1998, convicting defendant, after a jury trial, of two counts of robbery in the second degree, and sentencing him, as a second felony offender, to concurrent terms of 6 years, unanimously affirmed.

The challenged portions of the People's summation were fair response to the summations of defendant and his codefendant (see, People v. Overlee, 236 A.D.2d 133, 666 N.Y.S.2d 572, lv. denied 91 N.Y.2d 976, 672 N.Y.S.2d 855, 695 N.E.2d 724), and could not in any event have deprived defendant of a fair trial (see, People v. D'Alessandro, 184 A.D.2d 114, 591 N.Y.S.2d 1001, lv. denied 81 N.Y.2d 884, 597 N.Y.S.2d 945, 613 N.E.2d 977), particularly in view of the court's instructions to the jury.

MEMORANDUM DECISION.

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