People v. Harris
| Decision Date | 22 January 1985 |
| Citation | 107 A.D.2d 761,484 N.Y.S.2d 127 |
| Parties | The PEOPLE, etc., Respondent, v. James I. HARRIS, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Grossman, Lavine & Rinaldo, Forest Hills (Stuart J. Grossman, Forest Hills, of counsel), for appellant.
John J. Santucci, Dist. Atty., Kew Gardens (Brian Bressman, Kew Gardens, of counsel), for respondent.
Before TITONE, J.P., and MANGANO, WEINSTEIN and BROWN, JJ.
MEMORANDUM BY THE COURT.
Appeals by defendant from (1) a judgment of the Supreme Court, Queens County, rendered May 18, 1977, convicting him of robbery in the first degree (two counts) and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence, and (2) an order of the same court, dated October 16, 1978, denying his motion to vacate the judgment.
Judgment affirmed.
Appeal from order dated October 16, 1978, dismissed.
The defendant was charged with two counts of robbery in the first degree and with criminal possession of a weapon in the second degree arising from an incident which occurred on November 8, 1976 at a beer and soda store in Flushing, Queens. The evidence of defendant's guilt was overwhelming. Three witnesses inside the store described the robbery and identified the defendant as the perpetrator. The defendant was arrested only minutes after the robbery, by police officers who were sitting in a police car parked outside the store and who chased and caught the defendant after one of the robbery victims alerted them that the crime had just occurred.
On appeal, defendant contends, inter alia, that his trial counsel's representation was ineffective, that the prosecutor's summation was so inflammatory that he was denied a fair trial and that the court's charge was improper. None of these contentions is persuasive. Faced with overwhelming evidence of guilt, trial counsel provided "meaningful" assistance (People v. Lane, 60 N.Y.2d 748, 750, 469 N.Y.S.2d 663, 457 N.E.2d 769; People v. Baldi, 54 N.Y.2d 137, 444 N.Y.S.2d 893, 429 N.E.2d 400). It cannot be said that counsel's performance produced a conviction that resulted from a "breakdown in the adversary process" rendering the resultant conviction unreliable (Strickland v. Washington, 466 U.S. 668, ----, 104 S.Ct. 2052, 2064, 80 L.Ed.2d 674). Nor are we persuaded that the prosecutor's summation was so improper or inflammatory that reversal is required. Several of the prosecutor's remarks were nonprejudicial, some others...
To continue reading
Request your trial
-
People v. Roopchand
...comments do not taint the conviction (People v. Galloway, 54 N.Y.2d 396, 401, 446 N.Y.S.2d 9, 430 N.E.2d 885, supra; People v. Harris, 107 A.D.2d 761, 484 N.Y.S.2d 127 accord United States v. Johns, supra; United States v. Weatherless, supra; United States v. Bosby, 11th Cir., 675 F.2d 1174......
-
People v. Magee
...v. Brinson, 177 A.D.2d 1019, 1020, 578 N.Y.S.2d 38, lv. denied 79 N.Y.2d 998, 584 N.Y.S.2d 452, 594 N.E.2d 946; People v. Harris, 107 A.D.2d 761, 762, 484 N.Y.S.2d 127). The other issues raised by defendant have been considered and been found to be without ORDERED that the judgment is affir......
-
People v. Hodges
...972; People v. Roopchand, 107 A.D.2d 35, 485 N.Y.S.2d 332, aff'd 65 N.Y.2d 837, 493 N.Y.S.2d 129, 482 N.E.2d 924; People v. Harris, 107 A.D.2d 761, 484 N.Y.S.2d 127. The prosecutor's improper comments were rendered further harmless by the court's curative instructions. All of the remarks co......
-
People v. Parker
...the error of admitting expert testimony by not giving such a special charge is unpreserved for appellate review (People v. Harris, 107 A.D.2d 761, 762, 484 N.Y.S.2d 127). Moreover, there is no basis for reversal in the interest of justice as the charge given fully and properly instructed th......