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PEOPLE v. ROBINSON

Appellate Division of the Supreme Court of New York, First Department.
Apr 21, 1994

Defendant's request for new counsel was properly denied for failure to show good cause for a substitution (see, People v Sawyer, 57 N.Y.2d 12, 18-19, cert denied 459 U.S. 1178). Defendant's claim that he was denied a fair trial by the prosecutor's comments during summation vouching for the credibility of the People's witnesses is not preserved for appellate review as a matter of law (see, People v Nuccie, 57 N.Y.2d 818, 819), and, in any event, not persuasive in view of defense summation comments attacking one prosecutor witness for having a motive to lie and accusing the police of having conspired to frame defendant (see, People v Emphram, 179 A.D.2d 402, 403, lv denied 79 N.Y.2d 947).

Concur — Carro, J.P., Kupferman, Asch, Nardelli and Williams, JJ.