From Casetext: Smarter Legal Research

People v. Simmons

Appellate Division of the Supreme Court of New York, Second Department
Jul 1, 1985
112 A.D.2d 173 (N.Y. App. Div. 1985)

Opinion

July 1, 1985

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


Judgment affirmed.

The record reveals that sufficient evidence was adduced at trial to establish all the essential elements of robbery in the second degree including a completed larceny ( see, e.g., People v Carbonell, 40 N.Y.2d 948). Questions of credibility and the reliability of evidence are within the province of the jury ( see, e.g., People v. De Tore, 34 N.Y.2d 199, cert denied sub nom. Wedra v. New York, 419 U.S. 1025) and we find no basis upon this record to disturb the jury's resolution of these issues.

In addition, the alleged misconduct of the prosecutor during summation was not properly preserved for our review ( see, e.g., People v. Medina, 53 N.Y.2d 951; People v. Baldo, 107 A.D.2d 751). In any event, this record does not indicate that a new trial is warranted on this ground. Thompson, J.P., Brown, Weinstein and Kunzeman, JJ., concur.


Summaries of

People v. Simmons

Appellate Division of the Supreme Court of New York, Second Department
Jul 1, 1985
112 A.D.2d 173 (N.Y. App. Div. 1985)
Case details for

People v. Simmons

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRUCE SIMMONS…

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

Date published: Jul 1, 1985

Citations

112 A.D.2d 173 (N.Y. App. Div. 1985)

Citing Cases

People v. Wright

The record reveals that sufficient evidence was adduced at trial to prove defendant's guilt beyond a…

People v. Lee

Further, the defendant was amply apprised of this witness's prior statements through other materials which…