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People v. Robinson

Appellate Division of the Supreme Court of New York, Second Department
Dec 7, 1987
135 A.D.2d 586 (N.Y. App. Div. 1987)

Opinion

December 7, 1987

Appeal from the Supreme Court, Kings County (Beldock, J.).


Ordered that the judgment is affirmed.

The showup procedure was proper inasmuch as it was conducted shortly after the crime to quickly confirm or dispel the officer's reasonable suspicion that the defendant was the perpetrator (see, People v Hicks, 68 N.Y.2d 234).

We also find that the circumstantial evidence established the defendant's guilt beyond a reasonable doubt (see, People v Benzinger, 36 N.Y.2d 29).

Although the prosecutor improperly characterized the issues raised by the defense as "smoke screens to divert [the jury's] attention from the real issues" (see, People v Ortiz, 125 A.D.2d 502), given the strong evidence against the defendant and the limited nature of the remark we find that the error was harmless (see, People v Wood, 66 N.Y.2d 374).

The sentence imposed was not excessive (see, People v Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are either unpreserved for appellate review or without merit. Mangano, J.P., Thompson, Lawrence and Eiber, JJ., concur.


Summaries of

People v. Robinson

Appellate Division of the Supreme Court of New York, Second Department
Dec 7, 1987
135 A.D.2d 586 (N.Y. App. Div. 1987)
Case details for

People v. Robinson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TRENT ROBINSON…

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

Date published: Dec 7, 1987

Citations

135 A.D.2d 586 (N.Y. App. Div. 1987)

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