PEOPLE v. PITTS (1998)

Judgment, Supreme Court, New York County (Renee White, J.), rendered February 27, 1995, convicting defendant, after a jury trial, of robbery in the second degree and two counts of criminal possession of stolen property, and sentencing him, as a second felony offender, to concurrent terms of 7 to 14 years, 2 to 4 years and 2 to 4 years, respectively, unanimously affirmed.

The court properly exercised its discretion in denying defendant's request for a continuance to obtain minutes of an eight year-old, Nassau County misdemeanor plea for use in impeaching a witness where the existence and likelihood of timely production of the minutes and their probative value were speculative at best (see, People v. Covington, 233 A.D.2d 169, 649 N.Y.S.2d 793, lv. denied 89 N.Y.2d 941, 655 N.Y.S.2d 892, 678 N.E.2d 505).

The challenged portions of the prosecutor's summation were generally fair comment in the context of defense counsel's arguments (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, in any event, were not such as to deprive defendant of a fair trial (see, People v. D'Alessandro, 184 A.D.2d 114, 118-119, 591 N.Y.S.2d 1001, lv. denied 81 N.Y.2d 884, 597 N.Y.S.2d 945, 613 N.E.2d 977).

We have considered and rejected defendant's remaining contentions, including those contained in his pro se supplemental brief.

MEMORANDUM DECISION.