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People v. Whetstone

Appellate Division of the Supreme Court of New York, Second Department
May 7, 1990
161 A.D.2d 614 (N.Y. App. Div. 1990)

Opinion

May 7, 1990

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


Ordered that the judgment is affirmed.

While the defendant's claim that the prosecutor improperly vouched for the credibility of his witnesses is not without merit (see, People v. Blowe, 130 A.D.2d 668), and his claim is preserved for our review (see, People v. Medina, 53 N.Y.2d 951; People v Lewis, 140 A.D.2d 714), we nevertheless conclude that any error was harmless, since the evidence of the defendant's guilt was overwhelming (see, People v. Crimmins, 36 N.Y.2d 230). We also note that certain other remarks of the prosecutor in summation, now challenged as improper, were not properly preserved for appellate review. In any event, reversal of the judgment in the exercise of our interest of justice jurisdiction is not justified.

Finally, we find that the sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80). Mangano, P.J., Brown, Kooper and Harwood, JJ., concur.


Summaries of

People v. Whetstone

Appellate Division of the Supreme Court of New York, Second Department
May 7, 1990
161 A.D.2d 614 (N.Y. App. Div. 1990)
Case details for

People v. Whetstone

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MELVIN WHETSTONE…

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

Date published: May 7, 1990

Citations

161 A.D.2d 614 (N.Y. App. Div. 1990)
555 N.Y.S.2d 393