People v. Robinson

• Decision Date: 21 April 1994
• Parties: The PEOPLE of the State of New York, Respondent, v. Anthony ROBINSON, Defendant-Appellant.
• Court: New York Supreme Court — Appellate Division

Page 789

610 N.Y.S.2d 789

203 A.D.2d 165

The PEOPLE of the State of New York, Respondent, v. Anthony ROBINSON, Defendant-Appellant.

Supreme Court of New York, Appellate Division, First Department.

April 21, 1994.

Judgment, Supreme Court, New York County (Edwin Torres, J.), rendered February 28, 1991, convicting defendant, after a jury trial, of attempted burglary in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 10 years to life, unanimously affirmed.

Defendant's request for new counsel was properly denied for failure to show good cause for a substitution (see, People v. Sawyer 57 N.Y.2d 12, 18-19, 453 N.Y.S.2d 418, 438 N.E.2d 1133, cert. denied 459 U.S. 1178, 103 S.Ct. 830, 74 L.Ed.2d 1024). Defendant's claim that he was denied a fair trial by the prosecutor's comments during summation vouching for the credibility of the People's witnesses is not preserved for appellate review as a matter of law (see, People v. Nuccie 57 N.Y.2d 818, 819, 455 N.Y.S.2d 593, 441 N.E.2d 1111), and, in any event, not persuasive in view of defense summation comments attacking one prosecutor witness for having a motive to lie and accusing the police of having conspired to frame defendant (see, People v. Emphram, 179 A.D.2d 402, 403, 579 N.Y.S.2d 6, lv. denied 79 N.Y.2d 947, 583 N.Y.S.2d 201, 592 N.E.2d 809).

CARRO, J.P., and KUPFERMAN, ASCH, NARDELLI and WILLIAMS, JJ., concur.