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People v. Gibeau

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 10, 1989
148 A.D.2d 923 (N.Y. App. Div. 1989)

Opinion

March 10, 1989

Appeal from the Jefferson County Court, Clary, J.

Present — Dillon, P.J., Boomer, Green, Pine and Davis, JJ.


Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of criminal mischief in the third degree, defendant argues that prosecutorial misconduct in cross-examining him deprived him of a fair trial and that he was denied effective assistance of counsel. Although the prosecutor erred in asking defendant to characterize the People's witnesses as mistaken and whether defendant considered himself an honest person (see, People v. Montgomery, 103 A.D.2d 622; People v. Balkum, 94 A.D.2d 933) the errors are rendered harmless by the overwhelming evidence of defendant's guilt (see, People v. Crimmins, 36 N.Y.2d 230). Moreover, on this record we conclude that defendant received meaningful representation (see, People v. Baldi, 54 N.Y.2d 137).


Summaries of

People v. Gibeau

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 10, 1989
148 A.D.2d 923 (N.Y. App. Div. 1989)
Case details for

People v. Gibeau

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID GIBEAU, Appellant

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 10, 1989

Citations

148 A.D.2d 923 (N.Y. App. Div. 1989)
539 N.Y.S.2d 162

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