People v. Gibbs

Decision Date01 October 1990
Citation560 N.Y.S.2d 500,166 A.D.2d 454
PartiesThe PEOPLE, etc., Respondent, v. Tyrone GIBBS, Appellant.
CourtNew York Supreme Court — Appellate Division

Philip L. Weinstein, New York City (John Gemmill, of counsel), for appellant.

Charles J. Hynes, Dist. Atty., Brooklyn (Jay M. Cohen, Roseann B. Mackechnie, Elizabeth S. Ostrow and David O. Leiwant, of counsel), for respondent.

Before THOMPSON, J.P., and LAWRENCE, MILLER and O'BRIEN, JJ.

MEMORANDUM BY THE COURT.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Broomer, J.), rendered May 21, 1987, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The evidence adduced at trial overwhelmingly established that the defendant was one of three men who perpetrated an armed street robbery and who was thereafter arrested in possession of the gun used during the robbery when he attempted to prevent the arrest of a codefendant who was found in possession of the victim's wallet, money, and other personal property.

Contrary to the defendant's contentions, he was not denied a fair trial as a result of prosecutorial misconduct during the People's summation. While the prosecutor did employ some colorful language in an emphatic summation, his statements were not improper in the context of this case. The prosecutor's summation did not occur in a vacuum (see, People v. Gavins, 118 A.D.2d 582, 499 N.Y.S.2d 442) and it may only be fairly evaluated in comparison to the summations presented by the defense (see, People v. Blackman, 88 A.D.2d 620, 621, 450 N.Y.S.2d 38). In this case three defense attorneys presented summations during which they impugned the credibility of prosecution witnesses so that the prosecution's summation constituted a properly responsive attempt to rehabilitate the credibility of these same witnesses (see, People v. Rawlings, 144 A.D.2d 500, 533 N.Y.S.2d 1001; People v. Crawford, 130 A.D.2d 678, 515 N.Y.S.2d 604; People v. Turner, 120 A.D.2d 629, 502 N.Y.S.2d 91). Even were we to regard the prosecutor's summation as having gone beyond the realm of that which is properly responsive rehabilitative rhetoric, in light of the overwhelming evidence of guilt any prosecutorial misconduct complained of would constitute harmless error (see, People v. Roopchand, 107 A.D.2d 35, 485 N.Y.S.2d 332; affd 65 N.Y.2d 837, 493 N.Y.S.2d 129, 482 N.E.2d 924; People v. Crimmins, 36 N.Y.2d 230, 367 N.Y.S.2d 213, 326 N.E.2d 787).

The manner in which the court marshaled the evidence did not deny the defendant a fair trial (see, People v. Saunders, 64 N.Y.2d 665,...

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10 cases
  • People v. Taylor
    • United States
    • New York Supreme Court — Appellate Division
    • 22 de abril de 1991
    ... ... The challenged portions of the summation were properly responsive to attempts by the defense counsel during his summation to impugn the credibility of the complainant by implying that she had tailored her trial testimony after having conferred with the prosecutor (see, People v. Gibbs, 166 A.D.2d 454, 560 N.Y.S.2d 500; People v. Rawlings, 144 A.D.2d 500, 533 N.Y.S.2d 1001) ...         We have reviewed the defendant's remaining contentions [172 A.D.2d 786] ... ...
  • People v. Jakes
    • United States
    • New York Supreme Court — Appellate Division
    • 30 de março de 1992
    ... ... In any event, the defendant's contentions are without merit. The prosecutor's repeated reference to the complainant taking the stand was not improper bolstering of that witness, since it was a fair response to the defense's attack on the complainant's reliability (see, People v. Gibbs, 166 A.D.2d 454, 560 N.Y.S.2d 500; People v. Rawlings, 144 A.D.2d 500, 533 N.Y.S.2d 1001). Further, these remarks did not constitute improper comments on the defendant's failure to take the stand (see, People v. Gilmore, 152 A.D.2d 743, 544 N.Y.S.2d 378). The prosecutor's remarks to the effect ... ...
  • People v. Randall
    • United States
    • New York Supreme Court — Appellate Division
    • 18 de novembro de 1991
    ... ... Saunders, 64 N.Y.2d 665, 485 N.Y.S.2d 250, 474 N.E.2d 610; People v. Morgan, 175 A.D.2d 184, 572 N.Y.S.2d 71; People v. Harris, 171 A.D.2d 882, 567 N.Y.S.2d 808; People v. Gibbs, 166 A.D.2d 454, 455, 560 N.Y.S.2d 500) ...         The sentence imposed upon the defendant was not excessive (see, People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675) ...         We have considered the defendant's remaining contentions ... ...
  • People v. Rodrigues
    • United States
    • New York Supreme Court — Appellate Division
    • 1 de fevereiro de 1999
    ... ... Galloway, 54 N.Y.2d 396, 446 N.Y.S.2d 9, 430 N.E.2d 885; People v. Baker, 251 A.D.2d 592, 673 N.Y.S.2d 606; People v. Harris, 209 A.D.2d 432, 619 N.Y.S.2d 589; People v. Gibbs, 166 A.D.2d 454, 560 N.Y.S.2d 500; People v. Blackman, 88 A.D.2d 620, 450 N.Y.S.2d 38) ...         The defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675) ... ...
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