People v. Estrella
| Decision Date | 26 December 1989 |
| Citation | 156 A.D.2d 710,549 N.Y.S.2d 173 |
| Parties | The PEOPLE, etc., Respondent, v. Alberto ESTRELLA, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Philip L. Weinstein, New York City (Ellen Dille, of counsel), for appellant.
Elizabeth Holtzman, Dist. Atty., Brooklyn (Barbara D. Underwood, Roseann B. Mackechnie and Jodi L. Mandel, of counsel), for respondent.
Before MANGANO, J.P., and BRACKEN, KOOPER and SULLIVAN, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Huttner, J.), rendered June 3, 1987, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant contends that the prosecutor's summation deprived him of a fair trial. Specifically, he contends that the prosecutor impermissibly vouched for the credibility of the complainant by stating that complainant was a "working man" and "straightforward". However, the prosecutor's remarks, which must be evaluated in comparison with the summation of defense counsel (see, People v. Draksin, 145 A.D.2d 500, 535 N.Y.S.2d 439), were proper.
The defendant's remaining contentions are either unpreserved for appellate review or without merit.
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