From Casetext: Smarter Legal Research

People v. Wynn

Appellate Division of the Supreme Court of New York, Second Department
Dec 4, 1995
222 A.D.2d 470 (N.Y. App. Div. 1995)

Opinion

December 4, 1995

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


Ordered that the judgment is affirmed.

The prosecutor's statements during summation, which referred to the similarity of the circumstances of two robberies allegedly committed by the defendant and noted that the two robberies and the theft of services took place in the same location in the subway station, were not so prejudicial as to deprive the defendant of a fair trial (cf., People v DeJesus, 132 A.D.2d 564 ). The jury was already aware of the defendant's alleged commission of two robberies because the indictment contained two counts of robbery stemming from two separate incidents. In addition, the prosecutor's statements constituted a proper response to the defendant's assertion of mistaken identity.

The sentence imposed was not excessive. Bracken, J.P., Rosenblatt, Miller and Krausman, JJ., concur.


Summaries of

People v. Wynn

Appellate Division of the Supreme Court of New York, Second Department
Dec 4, 1995
222 A.D.2d 470 (N.Y. App. Div. 1995)
Case details for

People v. Wynn

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MAURICE WYNN, Appellant

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

Date published: Dec 4, 1995

Citations

222 A.D.2d 470 (N.Y. App. Div. 1995)
635 N.Y.S.2d 53

Citing Cases

People v. Prescott

In any event, this evidence was relevant to the issue of the defendant's identification and did not…