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People v. Rivera

Appellate Division of the Supreme Court of New York, First Department
Feb 13, 1990
158 A.D.2d 344 (N.Y. App. Div. 1990)

Opinion

February 13, 1990

Appeal from the Supreme Court, Bronx County (Dominic R. Massaro, J.).


The defendant contends that the prosecutor's summation deprived him of a fair trial. Specifically, he urges, the prosecutor repeatedly vouched for the credibility of her witnesses' testimony. In addition, she argued that the defendant's friend, who testified on his behalf, was not truthful and that his and defendant's testimony was "a story".

Remarks made during summation must be considered in light of the entire trial and the prosecution is entitled to respond to the arguments raised by the defense in summation. (See, People v Galloway, 54 N.Y.2d 396.) Here, defense counsel, in summation, questioned the credibility of the prosecution's witnesses. Accordingly, the prosecutor properly responded by pointing out to the jury that the witnesses had no motive to lie. Similarly, calling the defense "a story" was within the rhetorical bounds of Galloway (supra; see also, People v Ortiz, 116 A.D.2d 531, 532).

Concur — Kupferman, J.P., Milonas, Asch, Wallach and Rubin, JJ.


Summaries of

People v. Rivera

Appellate Division of the Supreme Court of New York, First Department
Feb 13, 1990
158 A.D.2d 344 (N.Y. App. Div. 1990)
Case details for

People v. Rivera

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. REYNALDO RIVERA…

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

Date published: Feb 13, 1990

Citations

158 A.D.2d 344 (N.Y. App. Div. 1990)
551 N.Y.S.2d 34

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