PEOPLE v. HARTZOG (1999)

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

The PEOPLE of the State of New York, Respondent, v. Gary HARTZOG, etc., Defendant-Appellant.

Decided: September 30, 1999

WILLIAMS, J.P., TOM, LERNER, RUBIN and SAXE, JJ.

Frank Glaser, for Respondent. Frank J. Loss, for Defendant-Appellant.

Judgment, Supreme Court, New York County (George Daniels, J.), rendered February 27, 1996, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second violent felony offender, to a term of 5 to 10 years, unanimously affirmed.

Defendant was not deprived of a fair trial by the prosecutor's misstatement of law during summation since the error concerned a relatively minor issue in the case. Moreover, the court's instructions to the jury in its final charge served to prevent any prejudice (see, People v. Barnes, 80 N.Y.2d 867, 587 N.Y.S.2d 597, 600 N.E.2d 228).

MEMORANDUM DECISION.

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