People v. Sherrod

• Decision Date: 13 March 2000
• Citation: 704 N.Y.S.2d 866,270 A.D.2d 366
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>RICKEY SHERROD, Appellant.
• Court: New York Supreme Court — Appellate Division

270 A.D.2d 366

704 N.Y.S.2d 866

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v.RICKEY SHERROD, Appellant.

Decided March 13, 2000.

Joy, J. P., S. Miller, Friedmann and Florio, JJ., concur.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt (see, People v Alexander, 176 AD2d 947; People v Harvey, 175 AD2d 138). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15 [5]).

The Supreme Court providently exercised its discretion when it Ordered the defendant to be removed from the courtroom (see, People v Byrnes, 33 NY2d 343), after he ignored the court's numerous admonitions not to interrupt the proceedings.

The comments made by the prosecution during summation were either fair comment on the evidence or were harmless in light of the overwhelming evidence of the defendant's guilt (see, People v Crimmins, 36 NY2d 230; People v Acevedo, 156 AD2d 569).

The defendant's remaining contentions are without merit.