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People v. Bailey

Appellate Division of the Supreme Court of New York, First Department
Nov 9, 1989
155 A.D.2d 262 (N.Y. App. Div. 1989)

Opinion

November 9, 1989

Appeal from the Supreme Court, New York County (John Bradley, J.).


There is no merit to defendant's unpreserved claim that the prosecutor's summation constituted prosecutorial misconduct. Although the prosecutor argued that in order to believe defendant's testimony the jury had to conclude that the People's witnesses had deliberately lied and committed perjury, the argument was, to a large extent, responsive to the arguments made on summation by the defense. (People v Marks, 6 N.Y.2d 67, cert denied 362 U.S. 912.) In any event, any error which may have resulted was harmless in view of the overwhelming evidence of defendant's guilt. (People v Crimmins, 36 N.Y.2d 230.) Further, there was no violation of People v Trowbridge ( 305 N.Y. 471) simply because the officer testified that he chased after defendant upon statements from nonwitnesses to "get him". The statements attributed to the nonwitnesses served only as a predicate for subsequent police conduct and were not used to bolster the identification testimony of the shooting victims, who knew defendant from prior occasions.

Defendant's remaining arguments have been considered and are without merit.

Concur — Murphy, P.J., Milonas, Ellerin, Wallach and Rubin, JJ.


Summaries of

People v. Bailey

Appellate Division of the Supreme Court of New York, First Department
Nov 9, 1989
155 A.D.2d 262 (N.Y. App. Div. 1989)
Case details for

People v. Bailey

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIE BAILEY…

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

Date published: Nov 9, 1989

Citations

155 A.D.2d 262 (N.Y. App. Div. 1989)
547 N.Y.S.2d 28

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