PEOPLE v. GREEN (2000)

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

The PEOPLE, etc., Respondent, v. Shawn GREEN, Appellant.

Decided: January 10, 2000

SANTUCCI, J.P., MILLER, LUCIANO, and FEUERSTEIN, JJ.

Lynn W.L. Fahey, New York City (Barry Stendig of counsel), for appellant, and appellant pro se. Charles J. Hynes, District Attorney, Brooklyn (Roseann B. MacKechnie, Diane R. Eisner, and Karol B. Mangum of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Friedman, J.), rendered January 15, 1997, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The trial court properly sustained the prosecutor's objections to those portions of defense counsel's opening statement in which he attacked the reliability of the complainant's identification of the defendant and suggested that the police planted evidence on the defendant to bolster a weak case. The remarks exceeded the bounds of an appropriate opening statement (see, People v. Valentin, 211 A.D.2d 509, 621 N.Y.S.2d 67; People v. Glisson, 260 A.D.2d 245, 689 N.Y.S.2d 38).

The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are either unpreserved for appellate review or without merit.

MEMORANDUM BY THE COURT.

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