People v. Keogh

• Court: New York Supreme Court — Appellate Division
• Writing for the Court: Before SULLIVAN
• Citation: People v. Keogh, 591 N.Y.S.2d 11, 188 A.D.2d 312 (N.Y. App. Div. 1992)
• Decision Date: 03 December 1992
• Parties: The PEOPLE of the State of New York, Respondent, v. Frank KEOGH, Defendant-Appellant.

Page 11

591 N.Y.S.2d 11

188 A.D.2d 312

The PEOPLE of the State of New York, Respondent, v. Frank KEOGH, Defendant-Appellant.

Supreme Court, Appellate Division First Department.

Dec. 3, 1992.

Before SULLIVAN, J.P., and MILONAS, WALLACH, ROSS and ASCH, JJ.

MEMORANDUM DECISION.

Judgment, Supreme Court, Bronx County (Robert Seewald, J.), rendered August 29, 1990, convicting defendant, after a jury trial, of manslaughter in the first degree, and sentencing him to a term of 8 to 24 years, unanimously affirmed.

Defendant's claims of prosecutorial misconduct were not preserved for appellate review, and we decline to review them in the interest of justice. Were we to review, we would find them to be without merit. Since defense counsel had referred to defendant's in-court demonstration of the stabbing incident to discredit the testimony of the People's witness, the prosecutor was entitled to respond in kind (see, People v. Sims, 162 A.D.2d 384, 385, 557 N.Y.S.2d 40, lv. denied, 76 N.Y.2d 990, 563 N.Y.S.2d 779, 565 N.E.2d 528), by pointing out that, in its view, defendant's version conveniently incorporated physical details mentioned during the medical examiner's testimony in defendant's presence. Under the circumstances, the prosecutor's remarks were not of "such a character as would naturally and reasonably be interpreted by the jury as penalizing the defendant for exercising his right to testify, or to confront the People's witnesses"...