People v. Mason

Citation170 A.D.2d 464,565 N.Y.S.2d 552
PartiesThe PEOPLE, etc., Respondent, v. Terrence MASON, Appellant.
Decision Date04 February 1991
CourtNew York Supreme Court Appellate Division

Philip L. Weinstein, New York City (Hilary Lamberton, of counsel), for appellant.

Terrence Mason, pro se.

John J. Santucci, Dist. Atty., Kew Gardens (Bill Gianaris, of counsel), for respondent.

Before MANGANO, P.J., and EIBER, SULLIVAN and BALLETTA, JJ.

MEMORANDUM BY THE COURT.

On the court's own motion, it is,

ORDERED that the decision and order of this court, dated December 31, 1990, is recalled and vacated, and the following decision and order is substituted therefor:

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Appelman, J.), rendered July 6, 1987, convicting him of robbery in the first degree and robbery in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

On the instant appeal, the defendant argues that his constitutional right to confront his accusers was infringed when the trial court permitted the investigating detective to testify that the defendant had been arrested after being implicated by a codefendant who did not testify at trial. However, this argument was not preserved for appellate review (see, CPL 470.05[2]; People v. Caldwell, 147 A.D.2d 581, 537 N.Y.S.2d 874; People v. Cummings, 109 A.D.2d 748, 485 N.Y.S.2d 847) and, in any event, any error in this regard was harmless beyond a reasonable doubt (see, People v. Crimmins, 36 N.Y.2d 230, 237, 367 N.Y.S.2d 213, 326 N.E.2d 787) in view of the overwhelming evidence of guilt ( see, People v. Grant, 133 A.D.2d 466, 519 N.Y.S.2d 682; People v. Dubois, 137 A.D.2d 706, 524 N.Y.S.2d 795).

The defendant also argues that he was deprived of a fair trial by the statements of the prosecutor during summation. We disagree. The defendant has not preserved this issue for appellate review (see, CPL 470.05[2]; People v. Coker, 135 A.D.2d 723, 522 N.Y.S.2d 624). In any event, the prosecutor's statements constituted a fair response to the defense summation which impugned the credibility of the prosecution's 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).

The defendant's remaining arguments, including those raised in his supplemental pro se brief, are either unpreserved for appellate review (see, CPL 470.05[2] or without merit (see, People v. Graziano, 151 A.D.2d 775, ...

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6 cases
  • Mason v. Scully
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • 7 d1 Fevereiro d1 1994
    ...his trial counsel had failed to object, Mason had failed to preserve his confrontation claim for review. See People v. Mason, 170 A.D.2d 464, 565 N.Y.S.2d 552 (2d Dept.), leave to appeal denied, 77 N.Y.2d 997, 571 N.Y.S.2d 923, 575 N.E.2d 409 (1991). The court also ruled that, "in any event......
  • People v. Campbell
    • United States
    • New York Supreme Court Appellate Division
    • 24 d1 Junho d1 1996
    ...simple confusion or out and out lying" (see, People v. Arce, 42 N.Y.2d 179, 397 N.Y.S.2d 619, 366 N.E.2d 279; People v. Mason, 170 A.D.2d 464, 565 N.Y.S.2d 552). The defendant's remaining contentions are unpreserved for appellate review (see, CPL 470.05) and, in any event, without ...
  • People v. Contreras
    • United States
    • New York Supreme Court Appellate Division
    • 14 d1 Junho d1 1993
    ...v. Arce, 42 N.Y.2d 179, 397 N.Y.S.2d 619, 366 N.E.2d 279, cert. denied 451 U.S. 914, 101 S.Ct. 1989, 68 L.Ed.2d 305; People v. Mason, 170 A.D.2d 464, 565 N.Y.S.2d 552; People v. Waldron, 154 A.D.2d 635, 546 N.Y.S.2d 460). The defendant further contends that the prosecutor's use of peremptor......
  • People v. Miller
    • United States
    • New York Supreme Court Appellate Division
    • 4 d1 Fevereiro d1 1991
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