The People, etc., respondent, v. Carlton Simons, appellant.

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

The People, etc., respondent, v. Carlton Simons, appellant.

2007-10940 (Ind.No. 255/06)

Decided: March 22, 2011

REINALDO E. RIVERA, J.P. MARK C. DILLON L. PRISCILLA HALL SHERI S. ROMAN, JJ. Lynn W.L. Fahey, New York, N.Y. (John Gemmill of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (Gary Fidel and Jill Gross-Marks of counsel), for respondent.

Submitted-February 24, 2011


Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kron, J.), rendered October 25, 2007, convicting him of promoting prostitution in the second degree and promoting prostitution in the third degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant was not deprived of a fair trial by the Supreme Court's instructions to the jury.   Viewing the Supreme Court's charge as a whole, the instructions regarding credibility adequately conveyed to the jury the appropriate standard by which to evaluate the testimony of the complainant (see People v. Gillyard, 70 AD3d 854, 855;  People v. Francisco, 44 AD3d 870, 871;  People v. Goodson, 35 AD3d 760, 761;  People v. Hosannah, 2 AD3d 458, 459).

RIVERA, J.P., DILLON, HALL and ROMAN, JJ., concur.


Matthew G. Kiernan

Clerk of the Court

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