People v. Foster

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID FOSTER, Appellant

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

Date published: Mar 10, 1986

118 A.D.2d 654 (N.Y. App. Div. 1986)

Opinion

March 10, 1986

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

Judgment affirmed.

The trial court did not err in refusing the jury's request that the summation of the defense counsel be reread, since the content of counsel's summation is not evidence (see, People v Jones, 106 A.D.2d 585; United States v. Guanti, 421 F.2d 792, 801, cert denied sub nom. Romano v. United States, 400 U.S. 832). The defendant's remaining contentions have been reviewed and are without merit. Rubin, Lawrence and Kooper, JJ., concur.

Lazer, J.P., concurs and votes to affirm the judgment of conviction, with the following memorandum:

My concurrence on the summation issue is on constraint of People v. Jones ( 106 A.D.2d 585).