AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DWIGHT WINFIELD, Appellant.

Ordered that the judgment is affirmed.

Contrary to the defendant's present contention, the trial court did not err in denying his request for a justification charge. Consideration of the trial record in the light most favorable to the defendant (see, People v Padgett, 60 N.Y.2d 142) demonstrates that there was no reasonable view of the evidence which would support that defense (see, e.g., People v Reynoso, 73 N.Y.2d 816; People v Watts, 57 N.Y.2d 299).

The defendant has failed to preserve for appellate review his claim that alleged prosecutorial misconduct deprived him of a fair trial (see, CPL 470.05; People v Nuccie, 57 N.Y.2d 818). In any event, the prosecutor's remarks in summation constituted a fair response to the defense counsel's closing statement (see, e.g., People v Crawford, 130 A.D.2d 678), and "did not exceed the broad bounds of rhetorical comment permissible in closing argument" (People v Galloway, 54 N.Y.2d 396, 399).

We have considered the defendant's remaining contentions and find them to be without merit. Spatt, J.P., Sullivan, Harwood and Balletta, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. WINFIELD
(Oct 30, 1989)