People v. Bailey
| Decision Date | 09 November 1989 |
| Citation | 547 N.Y.S.2d 28,155 A.D.2d 262 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Willie BAILEY, Defendant-Appellant. |
| Court | New York Supreme Court — Appellate Division |
R.J. Warfield, New York City, for respondent.
L.J. Levenson, New York City, for defendant-appellant.
Before MURPHY, P.J., and MILONAS, ELLERIN, WALLACH and RUBIN, JJ.
Judgment, Supreme Court, New York County (John Bradley, J., at sentence, and jury trial), rendered May 9, 1986, convicting defendant of two counts of assault in the first degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree, and sentencing him, as a second violent felony offender, to consecutive indeterminate terms of imprisonment of from 5 to 10 years on each of the assault counts, to run concurrent to indeterminate terms of from 5 to 10 years and 2 1/2 to 5 years on the remaining possession counts, respectively, unanimously affirmed.
There is no merit to defendant's unpreserved claim that the prosecutor's summation constituted prosecutorial misconduct. Although the prosecutor argued that in order to believe defendant's testimony the jury had to conclude that the People's witnesses had deliberately lied and committed perjury, the argument was, to a large extent, responsive to the arguments made on summation by the defense. People v. Marks, 6 N.Y.2d 67, 188 N.Y.S.2d 465, 160 N.E.2d 26 (1959), cert. den., 362 U.S. 912, 80 S.Ct. 662, 4 L.Ed.2d 620 (1960). In any event, any error which may have resulted was harmless in view of the overwhelming evidence of defendant's guilt. People v. Crimmins, 36 N.Y.2d 230, 367 N.Y.S.2d 213, 326 N.E.2d 787 (1975). Further, there was no violation of People v. Trowbridge, 305 N.Y. 471, 113 N.E.2d 841 (1953), simply because the officer testified that he chased after defendant upon statements from non-witnesses to "get him". The statements attributed to the non-witnesses served only as a predicate for subsequent police conduct and were not used to bolster the identification testimony of the shooting victims, who knew defendant from prior occasions.
Defendant's remaining arguments have been considered and are without merit.
To continue reading
Request your trial
-
People v. Wrigglesworth
...People v. Morris, 159 A.D.2d 388, 389, 553 N.Y.S.2d 15, lv. denied 76 N.Y.2d 793, 559 N.Y.S.2d 998, 559 N.E.2d 692; People v. Bailey, 155 A.D.2d 262, 263, 547 N.Y.S.2d 28). The remaining complaints about the summation were not preserved for appellate review and any error was de minimis at b......
- Flagstar Bank v. State
-
People v. Goodman
...v. Hawkins, 55 N.Y.2d 474, 450 N.Y.S.2d 159, 435 N.E.2d 376, cert. denied 459 U.S. 846, 103 S.Ct. 103, 74 L.Ed.2d 93; People v. Bailey, 155 A.D.2d 262, 547 N.Y.S.2d 28; People v. Patterson, 106 A.D.2d 520, 483 N.Y.S.2d 55; People v. Smith, 100 A.D.2d 857, 858, 474 N.Y.S.2d 104; People v. Cr......
-
People v. Trotter
...defendant to an indeterminate prison term of 5 to 15 years, particularly considering the nature of the crime (see, People v. Bailey, 155 A.D.2d 262, 547 N.Y.S.2d 28, lv. denied 75 N.Y.2d 810, 552 N.Y.S.2d 560, 551 N.E.2d ORDERED that the judgment is affirmed. YESAWICH, J.P., and MERCURE, CR......