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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID GIBEAU, Appellant.

Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of criminal mischief in the third degree, defendant argues that prosecutorial misconduct in cross-examining him deprived him of a fair trial and that he was denied effective assistance of counsel. Although the prosecutor erred in asking defendant to characterize the People's witnesses as mistaken and whether defendant considered himself an honest person (see, People v. Montgomery, 103 A.D.2d 622; People v. Balkum, 94 A.D.2d 933) the errors are rendered harmless by the overwhelming evidence of defendant's guilt (see, People v. Crimmins, 36 N.Y.2d 230). Moreover, on this record we conclude that defendant received meaningful representation (see, People v. Baldi, 54 N.Y.2d 137).

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PEOPLE v. GIBEAU
(Mar 10, 1989)