People v. Hazlett
| Decision Date | 16 November 1990 |
| Parties | PEOPLE of the State of New York, Respondent, v. Edward HAZLETT, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Edward J. Nowak, by Drew Dubrin, Rochester, for appellant.
Howard R. Relin, by Wendy Lehmann, Rochester, for respondent.
Before DENMAN, J.P., and GREEN, BALIO, LAWTON and DAVIS, JJ.
Defendant appeals from a judgment convicting him, following a jury trial, of robbery in the first degree, attempted robbery in the first degree, criminal possession of a weapon in the third degree and petit larceny. On appeal, defendant contends that the trial court impermissibly reduced the People's burden of proof when it instructed the jury to . While this instruction was improper, we find that the court, on numerous occasions, correctly instructed the jury that the People had the burden of proving defendant's guilt beyond a reasonable doubt. Accordingly, the court's charge, when considered as a whole, conveyed the proper standard to the jury (see, People v. Canty, 60 N.Y.2d 830, 831-832, 469 N.Y.S.2d 693, 457 N.E.2d 800; People v. Harris, 163 A.D.2d 898, 558 N.Y.S.2d 770). Moreover, we find the error harmless in view of the overwhelming evidence of defendant's guilt (see, People v. Crimmins, 36 N.Y.2d 230, 242, 367 N.Y.S.2d 213, 326 N.E.2d 787; People v. Wallace, 159 A.D.2d 1022, 552 N.Y.S.2d 723; People v. Mitchell, 72 A.D.2d 920, 921, 422 N.Y.S.2d 197).
Further, although the prosecutor twice improperly suggested on summation that defendant's attorney had a negative view of defendant's case and testimony (see, People v. Jones, 74 A.D.2d 854, 857, 425 N.Y.S.2d 376) and improperly placed before the jury his personal belief that defendant was lying (see, People v. Grice, 100 A.D.2d 419, 421, 474 N.Y.S.2d 152), we cannot say that the prosecutor's conduct was so pervasive that defendant was deprived of a fair trial (see, People v. Widger, 126 A.D.2d 962, 511 N.Y.S.2d 735, lv. denied 69 N.Y.2d 1011, 517 N.Y.S.2d 1045, 511 N.E.2d 104; cf., People v. Mott, 94 A.D.2d 415, 465 N.Y.S.2d 307).
Judgment unanimously affirmed.
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